Resubmitted In Banc May 9, 1990.
ROSSMAN, Judge.
Defendant appeals his convictions by a jury for robbery in the first degree, ORS 164.415, and theft in the third degree. ORS 164.043. He contends that, because theft merges into robbery, the judgment should have reflected the commission of only one offense. We affirm.
Defendant took a carton of cigarettes from the shelf of a store and left without paying for it. A clerk followed him to the parking lot...
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