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STATE v. TAYLOR

87-06-33132; CA A48707.

774 P.2d 1121 (1989)

97 Or.App. 261

STATE of Oregon, Respondent, v. Gaylon Michael TAYLOR, Appellant.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

David E. Groom, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Teresa Ozias, Certified Law Student, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant was indicted for robbery in the first degree, ORS 164.415, and robbery in the second degree. ORS 164.405. The court, sitting without a jury, found him guilty of assault in the second degree, ORS 163.175, which it concluded is a lesser included offense of robbery, and of theft in the second degree. ORS 164.045.1 Defendant contends, and the state concedes, that the court erred in finding him guilty of assault, because...

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