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STATE v. PITTMAN

13C41974; A154792.

365 P.3d 142 (2015)

275 Or. App. 518

STATE of Oregon, Plaintiff-Respondent, v. Joshua Victor PITTMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 16, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David Sherbo-Huggins , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

Defendant was charged with first-degree robbery for stealing clothing and shoes from a department store, with the aid of a pair of pliers. The trial court acquitted defendant of first-degree robbery, ORS 164.415,1 but convicted defendant of second-degree robbery, ORS 164.405(1)(a), as a lesser-included offense...

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