State v. Nyhuis

Defendant was convicted of reckless burning for setting fire to a cracker wrapper, toilet paper, and a paper drinking cup that were provided to him by a detoxification center. On appeal, he argues that the court erred in denying his motion for a judgment of acquittal, because ORS 164.335(1), the reckless burning statute, applies only if the burnt items were the “property of another,” and the state failed to prove that what he burned was either “property” or “of another.” We reverse.

The parties stipulated to the following facts (and no others):

“On May 10, 2010, in Lane County, Oregon,…