State v. Martine

HASELTON, S. J.

Defendant, who was convicted, following a jury trial, of one count of tampering with physical evidence, ORS 162.295, and one count of hindering prosecution, ORS 162.325, appeals, assigning error to the denial of his motion for judgments of acquittal (MJOA) as to each of those charges. Specifically, he contends, inter alia, that the state failed to adduce legally sufficient proof that the object he destroyed, an electronic device, was “physical evidence” for purposes of those offenses. As explained below, we conclude that the state’s proof of “physical evidence” was legally…