State v. Ripka

Defendant seeks reversal of his conviction for theft in the first degree by receiving, ORS 164.015(5); ORS 164.095, or, alternatively, review of his sentence. We affirm.

Defendant was charged with theft of property with a value greater than $500 after being found in possession of a mountain bicycle that had been stolen from a Corvallis sporting goods store. He claimed that he had bought it for $80 from a woman whom he did not know and that he believed the bicycle was worth about $200. The state tried the case on two theories: theft by taking or theft by receiving. His first trial ended in a…