State v. Hite

Defendant appeals from convictions for unauthorized use of a vehicle, ORS 164.135, possession of a stolen vehicle, ORS 819.300, felon in possession of a firearm, ORS 166.270(1), and possession of a controlled substance, ORS 475.992(4)(b). He assigns as error the trial court’s denial of his motion to suppress physical evidence, its refusal to give a less satisfactory evidence jury instruction, and its imposition of a departure sentence based on aggravating factors that the state did not prove to the jury beyond a reasonable doubt. We reverse and remand.

We state the facts in the light most…