STATE v. LEE

89-07-32805; CA A63104.

804 P.2d 1208 (1991)

105 Or. App. 329

STATE of Oregon, Respondent, v. Delbert Floyd LEE, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1991.


Attorney(s) appearing for the Case

David E. Groom, Portland, argued the cause and filed the brief for appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

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


DEITS, Judge.

Defendant appeals his conviction for solicitation to commit robbery in the first degree. ORS 161.435. He argues that a letter that was not delivered can support, at most, a conviction for attempted solicitation. We agree.

In July, 1989, defendant, while in jail, wrote letters to an acquaintance who was in the Hillcrest Juvenile Center, outlining plans to rob a store and a residence. The letters were intercepted by Hillcrest personnel and never...

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