STATE v. ALLEN

C82-07-36518; CA A28862.

708 P.2d 1201 (1985)

76 Or.App. 263

STATE of Oregon, Respondent, v. Roger Scott ALLEN, Appellant.

Court of Appeals of Oregon.

Decided November 14, 1985.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed briefs for appellant. With him on the supplemental brief was N/A Roger Scott Allen pro se.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his convictions for escape in the first degree (Counts IV and V), kidnapping in the first degree (Counts VI and VII) and kidnapping in the second degree (Counts VIII through XI). We have considered all of his assignments of error, only one of which has merit.

With respect to the kidnapping in the first degree counts (VI and VII), the trial court instructed the jury that it could not consider the lesser included offense...

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