State v. Osborne, 255 P.3d 513

Osborne was convicted of first-degree robbery under ORS 164.415(1)(b) based on using or attempting to use a dangerous weapon.
The incident occurred in a clothing store where Osborne displayed a folding knife (2–2.5 inches) to the clerk while demanding money.
The clerk complied, Osborne fled, and Osborne testified he used the knife to improve his chance of obtaining the money.
Osborne argued on appeal that his conduct was only a threat, not use or attempted use of a dangerous weapon.
The trial court denied the motion for judgment of acquittal; the jury convicted, and the conviction was appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether use of a dangerous weapon requires actual use or threat sufficient to elevate to first degree	State: knife use completed the crime; it was used to commit the theft	Osborne: conduct was only a threat, not use or attempted use	Yes; evidence supports use or attempted use of the knife

PGE v. Bureau of Labor and Industries, 317 Or. 606 (Or. 1993) (defines statutory interpretation approach applied here)
State v. Gaines, 346 Or. 160 (Or. 2009) (modifies PGE methodological framework)
State v. Cunningham, 320 Or. 47 (Or. 1994) (standard for sufficiency review in criminal cases)