State v. Simonov

Defendant appeals a judgment of conviction for unauthorized use of a vehicle (UUV). A person commits UUV when he “takes, operates, exercises control over, rides in or otherwise uses another’s vehicle * * * without consent of the owner.” ORS 164.135(l)(a). At trial, defendant requested jury instructions requiring the jury to find that he knew that he was using the car without the owner’s consent, but the trial court instead instructed the jury that it could convict if it found that defendant was criminally negligent with regard to whether he had the consent of the owner. On appeal, defendant…