State v. Zolotoff

In this case, the jury unanimously found defendant guilty of the charged offense of possession of a weapon by an inmate, ORS 166.275. 1 On appeal, the state conceded that the trial court had erred when it denied defendant’s request that it instruct the jury on the lesser-included offense of attempted possession of a weapon by an inmate, ORS 136.465. 2 The Court of Appeals agreed, rejected the state’s argument that that error was harmless, and reversed. State v. Zolotoff, 253 Or App 593, 291 P3d 781 (2012). We affirm the decision of the Court of Appeals.

The uncontested facts establish that…