State v. Thorne

*585ROBERTS, J.

Defendant seeks reversal of his conviction for robbery in the first degree and vacation of an order revoking his probation. Defendant contends that a jury instruction, couched in terms of a disputable presumption, shifted the burden of proof to him as to one element of the crime and that a photo throwdown should not have been submitted to the jury. We reverse and remand.

Defendant was charged by indictment with robbery in the first degree under the theory that he used a dangerous weapon, ORS 164.415(l)(b),1 in the course of committing a theft, ORS 164.395.2 At trial, the victim…