STATE v. OWENS

88-CR-757; CA A60064.

795 P.2d 569 (1990)

102 Or.App. 448

STATE of Oregon, Respondent, v. Lynden Eugene OWENS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided July 18, 1990.

Resubmitted May 9, 1990.


Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause, for appellant. With him on the brief, was Sally L. Avera, Acting Public Defender, Salem.

Kathryn H. Waldo, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


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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