context: Defendant is also correct that the trial court did not instruct the jury accordingly. However, assuming, without deciding, that the trial court thus committed plain error, we decline to exercise our discretion to correct the error.
citation_a.signal: see also
citation_a.identifier: 327 Or 99, 106
citation_a.parenthetical: instructional error "requires reversal only if the jury instructions given by the trial court, considered as a whole, cause prejudice to the party requesting the instruction"
citation_a.sentence: See Ailes, 312 Or at 382 (stating that an appellate court “must exercise its discretion to consider or not to consider the error”); see also Hernandez v. Barbo Machinery Co., 327 Or 99, 106, 957 P2d 147 (1998) (instructional error “requires reversal only if the jury instructions given by the trial court, considered as a whole, cause prejudice to the party requesting the instruction”).
citation_b.signal: see
citation_b.identifier: 312 Or 382, 382
citation_b.parenthetical: stating that an appellate court "must exercise its discretion to consider or not to consider the error"
citation_b.sentence: See Ailes, 312 Or at 382 (stating that an appellate court “must exercise its discretion to consider or not to consider the error”); see also Hernandez v. Barbo Machinery Co., 327 Or 99, 106, 957 P2d 147 (1998) (instructional error “requires reversal only if the jury instructions given by the trial court, considered as a whole, cause prejudice to the party requesting the instruction”).