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STATE v. HORSLEY

(9709-37575; CA A102359)

8 P.3d 1021 (2000)

169 Or. App. 438

STATE of Oregon, Respondent, v. Michael Andre HORSLEY, Appellant.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

Defendant was convicted of two counts of robbery in the first degree. ORS 164.415. In accordance with ORS 136.460(2),1 the trial court instructed the jury that it must first find defendant not guilty of robbery in the first degree, the offense charged in the indictment, before considering the lesser offense of robbery in the second degree. On appeal, defendant contends that the "acquittal first" instruction violates Article...

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