STATE v. LEWIS

C-82-05-35345; CA A25940.

662 P.2d 775 (1983)

62 Or.App. 849

STATE of Oregon, Respondent, v. Christopher James LEWIS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 14, 1983.

Reconsideration Denied June 10, 1983.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Terry R. Leggert, Sp. Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

Defendant's conviction of robbery in the first degree must be reversed. It was error for the trial court not to have instructed the jury on the lesser included offense of theft in the second degree, as requested by defendant. The jury could have found that defendant took money from the victim without putting the victim in fear and, therefore, the offense would have been theft. State v. Noble, 26 Or.App. 921...

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