State v. Lewis

Court of Appeals of Oregon

State v. Lewis

662 P.2d 775, 62 Or. App. 849, 1983 Ore. App. LEXIS 2930

CourtCourt of Appeals of Oregon

DecidedMay 4, 1983

DocketC-82-05-35345; CA A25940

StatusPublished

This text of 662 P.2d 775 (State v. Lewis) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Lewis, 662 P.2d 775, 62 Or. App. 849, 1983 Ore. App. LEXIS 2930 (Or. Ct. App. 1983).

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Opinion

PER CURIAM.

Defendant’s conviction of robbery in the first degree must be reversed. It was error for the trial court not to have instructed the jury on the lesser included offense of theft in the second degree, as requested by defendant. The jury could have found that defendant took money from the victim without putting the victim in fear and, therefore, the offense would have been theft. State v. Noble, 26 Or App 921, 554 P2d 533 (1976).

Because this case must be remanded for a new trial, we have reviewed defendant’s second assignment of error regarding the trial court’s refusal to merge, for conviction and sentencing, robbery in the first degree with kidnapping in the second degree, and find no error.

Kidnapping conviction affirmed; robbery conviction reversed and remanded for a new trial.

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PER CURIAM.

Defendant’s conviction of robbery in the first degree must be reversed. It was error for the trial court not to have instructed the jury on the lesser included offense of theft in the second degree, as requested by defendant. The jury could have found that defendant took money from the victim without putting the victim in fear and, therefore, the offense would have been theft. State v. Noble, 26 Or App 921, 554 P2d 533 (1976).

Because this case must be remanded for a new trial, we have reviewed defendant’s second assignment of error regarding the trial court’s refusal to merge, for conviction and sentencing, robbery in the first degree with kidnapping in the second degree, and find no error.

Kidnapping conviction affirmed; robbery conviction reversed and remanded for a new trial.

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Bluebook (online)

662 P.2d 775, 62 Or. App. 849, 1983 Ore. App. LEXIS 2930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lewis-orctapp-1983.

Opinion

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