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STATE v. COFFIN

90C-20350; CA A66533.

822 P.2d 743 (1991)

110 Or.App. 331

STATE of Oregon, Respondent, v. Curtis Jon COFFIN, Appellant.

Court of Appeals of Oregon.

Decided December 18, 1991.

Attorney(s) appearing for the Case

D. Olcott Thompson, Salem, argued the cause and filed the brief for appellant.

Meg E. Kieran, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He assigns as error the trial court's refusal to give a jury instruction for robbery in the second degree, ORS 164.405, as a lesser included offense. We affirm.

In the third count of a 3-count indictment, defendant was charged with robbery in the first degree. The indictment alleged, and the state presented evidence, that...

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