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State v. Skaggs

Oregon Court of Appeals
601 P.2d 862 (1979)


Facts

Skaggs (defendant) and another person were confronted by a deputy sheriff while they were in the act of stealing a vehicle. The officer engaged in a scuffle with the other person over possession of the officer’s service revolver. During the struggle, Skaggs stabbed the officer twice and then grabbed him by the hair, held an object to his throat, and threatened to cut his throat. After being struck a third time, the officer lost control of his gun. Skaggs and the other person escaped in the officer’s patrol car and took the gun with them. Skaggs was tried, and convicted of, first-degree theft, second-degree assault, third-degree robbery, and unauthorized use of a vehicle. Skaggs appealed and argued that the trial court erred in (1) denying his motion for a directed verdict of acquittal for robbery; (2) entering a separate conviction for robbery and (3) entering a separate conviction for unauthorized use of a vehicle.

Rule of Law

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Issue

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Holding and Reasoning (Joseph, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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