State v. Tucker

Defendant appeals his convictions for robbery in the second degree, ORS 164.405, burglary in the first degree, ORS 164.225, burglary in the second degree, ORS 164.215, and aggravated theft in the first degree, ORS 164.057. On appeal, defendant raises three assignments of error. First, he asserts that the trial court erred in giving a “natural and probable consequences” jury instruction addressing accomplice liability. Second, defendant contends that, because he was not “actually present” when the robbery took place, he could be convicted, at most, of only third-degree robbery and that the…