State v. Pittman

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 12-16-2015
• Case #: A154792
• Judge(s)/Court Below: DeVore, J. for the Court; Ortega, P.J.; & Garrett, J.

Second-degree robbery is only a lesser included offense of first-degree robbery if the "accusatory instrument recited sufficient facts to satisfy each element of second-degree robbery."

The trial court erred in accepted and finding defendant guilty second-degree robbery as a lesser defense to first-degree robbery because not all of the elements were proved. Defense counsel, although he did not object, preserved the right to appeal by suggesting a different lesser-included offense and the trial courts receipt of the state's argument that there was case law to support its position. The Court decided to exercise its discretion based on the injustice that would be done if the trial courts error was not reversed. Reversed.

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