STATE v. BRUMFIELD


511 P.2d 1256 (1973)

STATE of Oregon, Respondent, v. Roland BRUMFIELD, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1973.

Rehearing Denied August 23, 1973.


Attorney(s) appearing for the Case

Gregory L. Hawkes, Portland, argued the cause for appellant. With him on the brief were Bouneff, Muller, Marshall & Hawkes, Portland.

John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


SCHWAB, Chief Judge.

Defendant was charged with first degree robbery. On the day set for trial defendant was offered an opportunity by the state to enter a plea of guilty to the lesser included charge of robbery in the second degree. For the reasons set forth below, the trial court refused to accept a plea to the reduced charge. The defendant then stood trial on the original charge and was found guilty.

On appeal defendant contends that the trial court erred...

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