State v. Bax

Defendant was charged with criminal mischief in the second degree under ORS 164.354(l)(b).1 The indictment alleged that defendant, “having no right to do so nor reasonable ground to believe that [he] had such right, did unlawfully and intentionally damage property of [another person].” The charge was tried to the court, which found defendant guilty of criminal mischief in the third degree, as a lesser-included offense. A person commits third-degree criminal mischief if the person “with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so…