- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 11-21-2018
- Case #: A164078
- Judge(s)/Court Below: Hadlock, P.J. for the Court; DeHoog, J.; & Aoyagi, J.
- Full Text Opinion
Defendant appealed a conviction for harassment and fourth-degree assault. Defendant assigned error to a jury instruction on the provocation limitation on the right to self-defense. Defendant argued that the evidence did not support the giving of that instruction. The State argued that the defendant failed to preserve his argument in the trial court. Under ORAP 5.45(1), a claim of error will only be considered if it was preserved in the lower court and is assigned in the opening brief, allowing for appellate discretion for plain error. The Court held that defendant failed to preserve his assignment of error and refused to consider it. Affirmed.