State v. Shelley

Defendant appeals his conviction for aggravated theft. ORS 164.057. He assigns as error the trial court’s refusal to give his requested jury instructions, to grant a mistrial and to require the prosecutor to testify. We affirm.

The evidence at trial showed that, in January, 1987, defendant asked his long-time friend, DuBois, to help him stage a burglary of defendant’s home in order to collect insurance proceeds. DuBois refused. As a witness for the state, DuBois testified that in early February, defendant again contacted him and asked him to install dead-bolt locks on the doors to his house…