State v. Pittman

Defendant joins the state in a petition for reconsideration of our recent decision in State v. Pittman, 275 Or App 518, 365 P3d 142 (2015). At trial, defendant was acquitted of first-degree robbery, ORS 164.415, but convicted of second-degree robbery, ORS 164.405(l)(a), as a lesser-included offense. On appeal, defendant argued that the trial court had erred because second-degree robbery — an offense that had been dismissed at the time of trial — did not constitute a lesser-included offense of first-degree robbery, in the form in which it had been alleged. We agreed with defendant and reversed…