State v. Lee

Defendant appeals his conviction for solicitation to commit robbery in the first degree. ORS 161.435. He argues that a letter that was not delivered can support, at most, a conviction for attempted solicitation. We agree.

In July, 1989, defendant, while in jail, wrote letters to an acquaintance who was in the Hillcrest Juvenile Center, outlining plans to rob a store and a residence. The letters were intercepted by Hillcrest personnel and never reached their intended recipient. The first intercepted letter stated:

“I wrote about two weeks ago. I guess you didn’t get it. So, I’ll tell you again.…