State v. Jackson

Defendant appeals his conviction for robbery in the first degree, ORS 164.415, after a trial to the court. His sole assignment of error is that the finding of guilt is erroneous because the state failed to prove that he acted with the requisite mental element for any degree of robbery. We reverse.

While the victim was sitting in a bar, he noticed the light in his car go on. He ran outside to investigate. Defendant, using a tire iron, had broken open the glove box containing over $500 in currency, but had not taken it. The victim pulled the defendant from the car and the defendant hit him with…