Legal Opinion

State v. Perkins

Court of Appeals of Oregon

Decided March 10, 1980No. J78-2357, CA 15188PublishedCited by 24 opinions

THORNTON, J.

1Opinion of the Court

*93THORNTON, J.

Defendant appeals entry of a judgment of conviction and sentencing on two counts of robbery in the first degree on the ground that, under principles set forth in State v. Cloutier, 286 Or 579, 596 P2d 1278 (1979), the crime in question was one offense for sentencing purposes.

Resolution of the question requires application of Cloutier principles to a situation expressly left open in that opinion, namely, where the crime is perpetrated against more than one person. 286 Or at 598.

The essential facts are not in dispute:

Defendant and an accomplice entered a restaurant during the early…

2Cases cited8 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. State v. CloutierOregon Supreme Court · 1979
  3. State v. GarciaOregon Supreme Court · 1980
  4. State v. WelchOregon Supreme Court · 1973
  5. Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1970

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3Cited by24 opinions

  1. People v. WakefordMichigan Supreme Court · 1983
  2. Commonwealth v. LeviaMassachusetts Supreme Judicial Court · 1982
  3. People v. BorghesiSupreme Court of Colorado · 2003
  4. State v. CollinsWest Virginia Supreme Court · 1985
  5. State v. LinthwaiteCourt of Appeals of Oregon · 1981

19 more not listed; retrieve them via the Exa API.

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