STATE v. RIEHL

99-1952; A108601.

69 P.3d 1252 (2003)

188 Or. App. 1

STATE of Oregon, Respondent, v. Patrick Joseph RIEHL, Appellant.

Court of Appeals of Oregon.

Decided May 29, 2003.


Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Holly A. Vance, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


LANDAU, P.J.

The state charged defendant with, among other things, two counts of first-degree robbery. At trial, however, the court instructed the jury that it could consider second-degree robbery a lesser-included offense of the crimes charged. The jury found defendant guilty of two counts of second-degree robbery, and he was sentenced on those convictions. On appeal, he argues that the trial court erred in instructing the jury that it could consider second-degree...

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