State v. Hankins

Defendant petitions for reconsideration of our opinion in State v. Hankins, 194 Or App 140, 93 P3d 826 (2004), arguing that we erred in holding that his motion for a judgment of acquittal did not preserve a challenge to the sufficiency of the indictment.

We restate the facts pertinent to defendant’s reconsideration petition. At the close of the state’s case, defendant moved for a judgment of acquittal, arguing that the indictment failed to allege all of the elements of the crime of delivery of marijuana to a minor. The trial court denied the motion without considering the merits of defendant’s…