State v. Johanesen

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. Although he makes three assignments of error, we address only his contention that the court erred by excluding evidence that the victim tentatively identified someone other than defendant as the robber. We vacate the judgment and remand for further proceedings.

On July 27, 1988, Vennes was working in a grocery store. A man approached and opened his jacket, revealing a handgun. The man asked Vennes, “Do you want to live?” When Vennes answered, “Yes,” he was told “to empty the till.” Vennes complied, and the man left…