State v. Hernandez

In this criminal case, a jury found defendant guilty of third-degree theft. ORS 164.043. She appeals the resulting judgment of conviction.

The circumstances underlying this case are as follows. The complainant was playing video poker in a pizza restaurant. He put $100 into a video-poker machine and, shortly thereafter, briefly left the room to help his wife with their baby. When the complainant returned to the room, he found that someone had taken his video-poker ticket with the remaining cash credit on it. He reported the theft and, when police arrived, the complainant told a responding…