State v. Simson

*332JOSEPH, C. J.

Defendant appeals his convictions for theft in the first degree, ORS 164.055, unauthorized use of a motor vehicle, ORS 164.135, and conspiracy. ORS 161.450. We reverse and remand.

Defendant was employed for 20 years as a truck driver for United Grocers. About 3:30 a.m. on December 18, 1985, he was having breakfast, as he customarily did, at a restaurant in Sherwood. He had parked his truck in the restaurant lot and had left the keys in it. He went into the restaurant and sat at the counter next to Spindler, with whom he talked. Defendant knew Spindler and knew that he had a…