State v. Jackson

Defendant appeals a judgment of conviction for robbery in the second degree, ORS 164.405(1)(b), 1 assigning error to the denial of his motion for judgment of acquittal (MJOA). In particular, defendant argues that the state’s evidence proved only that his codefendant, Rennells, was present in order to facilitate the defendant’s getaway from the robbery and that that was insufficient, as a matter of law, to establish that, in committing a third-degree robbery, defendant was “aided by another person actually present” within the meaning of ORS 164.405(1)(b). The state responds that, under ORS…