State v. Neely

Defendant appeals his conviction for robbery in the second degree. He assigns as errors the trial court’s refusal to suppress a gun surrendered by him to his probation officer, the denial of his motion for judgment of acquittal of robbery in the second degree and the court’s refusal to instruct the jury on robbery in the third degree. We affirm.

On March 25,1984, a convenience store in Bend was robbed by a man who threatened the clerk by lifting his jacket to display the grip of a pistol that was thrust into his belt. Earlier that day, there had been a residential burglary in Bend in which a…