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Try CasePortal for FreeJ. Ortega finds that while the trial court plainly erred by failing to instruct the jury that a culpable mental state attached to the “substantial risk of physical injury” element of resisting arrest, the error was harmless. “The jury’s findings that the defendant knew that his conduct was assaultive…indicated that the jury would not have found that the defendant was unaware of the risk of physical injury posed by his conduct.” Affirmed.
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