State v. Cervantes
Court of Appeals of Oregon
1DissentRossman, P. J.
I cannot agree with the majority that the state failed to produce sufficient evidence of venue. Although there may not have been any direct proof of venue, I believe that a reasonable juror could have inferred from the evidence presented that the crime occurred in Coos County. That is all that is required under Oregon law. State v. Miranda, 309 Or 121, 130, 786 P2d 155 (1990); State v. Cooksey, 242 Or 250, 251, 409 P2d 335 (1965).
*435The majority concedes that the jury could have reasonably found that the crime took place in Coos Bay; indeed, the testimony of the arresting officers alone permits…
2Cases cited5 opinions
- Peak v. United StatesSupreme Court of the United States · 1957
- State v. MirandaOregon Supreme Court · 1990
- State v. CookseyOregon Supreme Court · 1965
- State v. TiradoCourt of Appeals of Oregon · 1993
- State v. CoffeeCourt of Appeals of Oregon · 1992