State v. Korelis

The defendant was convicted of one count of theft in the first degree and a second count of attempted theft in the first degree. The Court of Appeals affirmed both convictions, 21 Or App 813, 537 P2d 136 (1975). We granted defendant’s petition for review solely to consider the culpable mental state required in order to convict one of theft by receiving under OES 164.095.

In a previous decision, State v. Thomas, 13 Or App 164, 509 P2d 446 (1973), the Court of Appeals considered an instruction by the trial court to the effect that one committed theft by receiving if he knew or had good reason to…