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STATE v. WALCH

041108; A127510.

178 P.3d 301 (2008)

218 Or. App. 86

STATE of Oregon, Plaintiff-Respondent, v. Justin Keith WALCH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 13, 2008.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Joanna L. Jenkins, 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 SCHUMAN, Judge, and DEITS, Judge pro tempore.

SCHUMAN, J.

For his participation in acts surrounding a violent encounter with one of his acquaintances, defendant was convicted of kidnapping in the first degree, ORS 163.235; robbery in the first degree, ORS 164.415; and assault in the fourth degree, ORS 163.160. On appeal, he argues that the trial court erred in denying his motion for a judgment of acquittal on the kidnapping charge, in refusing to give a lesser-included offense instruction as to the robbery charge...

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