State v. Martin

Defendant was indicted for robbery in the first degree. ORS 164.415. Following a jury trial he was convicted and sentenced to three years’ imprisonment.

Defendant’s first assignment of error challenges the denial of his general motion for judgment of acquittal. He argues for the first time on appeal that he could not be guilty of robbery because the state proved that he was merely attempting to collect a debt from the victim, William Barley. The state points out that defendant’s claim has merit under our decision in State v. Trujillo, 7 Or App 236, 489 P2d 977 (1971), Sup Ct review denied…