State v. Rios

Defendant appeals from jury conviction and sentence for third degree robbery. ORS 164.395(1)(a), the charging statute, provides:

"(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft he uses or threatens the immediate use of physical force upon another person with the intent of:

"(a) Preventing or overcoming resistance to his taking of the property or to his retention thereof immediately after the taking * *

Testimony showed that the victim operated a drive-in grocery store in Corvallis. Earlier in the evening of March 31,…