State v. Coffin

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He assigns as error the trial court’s refusal to give a jury instruction for robbery in the second degree, ORS 164.405, as a lesser included offense. We affirm.

In the third count of a 3-count indictment, defendant was charged with robbery in the first degree. The indictment alleged, and the state presented evidence, that defendant brandished a knife and demanded money from a convenience store clerk. Defendant requested an instruction on the lesser included offense of robbery in the second degree. He argued that…