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STATE v. LEE

C973359CR; A102367

23 P.3d 999 (2001)

174 Or. App. 119

STATE of Oregon, Respondent, v. Ronald Eldon LEE, Appellant.

Court of Appeals of Oregon.

Decided May 9, 2001.

Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Defendant appeals a judgment of conviction of two counts of robbery in the first degree, ORS 164.415, one count of robbery in the second degree, ORS 164.405, two counts of unlawful use of a weapon, ORS 166.220, and one count of attempted assault in the second degree, ORS 163.175. He asserts that the court erred: (1) in denying his motion to suppress evidence; (2) in refusing to instruct on the crime of menacing, ORS 163.190, as a lesser-included offense...

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