State v. McAtee

Defendant appeals from a judgment of conviction of identity theft, ORS 165.800. On appeal, he assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that his mere possession of a stolen identification card and credit card, without more, was not legally sufficient evidence of intent to deceive or defraud. We conclude that that evidence was legally sufficient under the circumstances presented here and, accordingly, affirm.

The facts, stated in the light most favorable to the state, State v. Langley, 314 Or 247, 249, 839 P2d 692 (1992), adh’d to on recons, 318…