State v. Wells

Defendant appeals his conviction for theft in the first degree, ORS 164.095, ORS 164.055(1)(d), criminal trespass in the second degree, ORS 164.245, and being a felon in possession of a firearm, ORS 166.270(1). He challenges the trial court’s denial of his motion for judgment of acquittal on all three charges. We reverse his convictions for theft and felon in possession of a firearm and affirm his conviction for criminal trespass.

Defendant was convicted based primarily on circumstantial evidence. The evidence presented centered around defendant’s activities on January 31, 1995, as observed by…