STATE v. TOLBERT

A163278 (Control), A163279, A163280.

433 P.3d 501 (2018)

295 Or.App. 6

STATE of Oregon, Plaintiff-Respondent, v. Christopher Cortez TOLBERT, Defendant-Appellant.

Court of Appeals of Oregon.

November 21, 2018.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Kristin A. Carveth , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.


Defendant appeals a judgment of conviction for third-degree robbery, ORS 164.395, assigning error to the trial court's denial of his motion for judgment of acquittal.1 Defendant argues that the state's evidence failed to prove he used force to retain the stolen item "immediately after the taking" such that...

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