State v. Pittman

Defendant was charged with first-degree robbery for stealing clothing and shoes from a department store, with the aid of a pair of pliers. The trial court acquitted defendant of first-degree robbery, ORS 164.415,1 but convicted defendant of second-degree robbery, ORS 164.405(1) (a), as a lesser-included offense.2 Defendant challenges the conviction for second-degree robbery. He argues that the court erred in determining that second-degree robbery, for which he was not tried, constituted a lesser-included offense of first-degree robbery, given the way in which he was indicted. We review for…