State v. Rouse

Defendant appeals his conviction of conspiracy to commit robbery in the first degree. He first contends that the trial court erred in instructing the jury pursuant to Uniform Jury Instruction 404.15. However, defendant asked the trial judge to give the challenged instruction. Therefore, if there was any error, it was invited and defendant cannot now complain. Defendant asks that we consider his first assignment pursuant to ORAP 7.19(5). We decline to do so.

In State v. Thompson, 28 Or App 409, 413, 559 P2d 1294, rev den 278 Or 393 (1977), we explained:

“Finally, defendant concedes that he did…