STATE v. ALBEN

C940697CR; CA A86512.

911 P.2d 1239 (1996)

139 Or. App. 236

STATE of Oregon, Respondent, v. Michael Edward ALBEN, Appellant.

Court of Appeals of Oregon.

Decided February 21, 1996.

Review Denied April 30, 1996.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

David B. Thompson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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


EDMONDS, Judge.

Defendant was convicted of robbery in the first degree, ORS 164.415, aggravated theft in the first degree, ORS 164.057, and unlawful use of weapon, ORS 166.220. He appeals only from the conviction for robbery in the first degree, and argues that the trial court's instructions to the jury for that offense constituted in substance an amendment to the indictment, and therefore violated Article VII (Amended), section 5, of the Oregon Constitution. We reverse...

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