State v. Chapman

pro tempore

Defendant appeals his convictions for two counts of assault in the second degree. ORS 163.175. He contends that the trial court erred in refusing to give a requested jury instruction for a lesser-included offense of assault in the third degree. Defendant also contends that the trial court committed plain error when it gave the “liability for probable consequences” instruction1 to the jury regarding the state’s aid and abet theory. We affirm.

In reviewing the trial court’s refusal to instruct the jury on an applicable lesser-included offense, “[w]e review the evidence in the light…