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STATE v. RIOS

545 P.2d 609 (1976)

STATE of Oregon, Respondent, v. Reynaldo RIOS, Appellant.

Court of Appeals of Oregon.

Decided February 9, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and LEE, JJ.

LANGTRY, Judge.

Defendant appeals from jury conviction and sentence for third degree robbery. ORS 164.395(1) (a), the charging statute, provides:

"(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft he uses or threatens the immediate use of physical force upon another person with the intent of: "(a) Preventing or overcoming resistance to his taking of the property or to his retention...

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