State v. Johnson

This case is before us on remand from the Supreme Court for consideration in the light of State v. Allen, 301 Or 35, 717 P2d 1178 (1986). State v. Johnson, 301 Or 163, 719 P2d 484 (1986). In our prior opinion we reversed defendant’s conviction of robbery in the first degree and remanded for entry of a judgment of conviction of attempted robbery in the first degree. State v. Johnson, 77 Or App 512, 714 P2d 240 (1986). State v. Allen, supra, held that this court cannot reverse a conviction and remand for entry of conviction of a lesser included offense if the jury was prevented, by a trial…