State v. Pierce

Defendant appeals a judgment of conviction for conspiracy to manufacture a controlled substance. She assigns error to the trial court’s denial of her motion for a judgment of acquittal, arguing that the state failed to present any evidence to establish venue. Venue is a material allegation that must be proved beyond a reasonable doubt. State v. Werdell, 202 Or App 413, 420 n 4, 122 P3d 86 (2005). Because we agree with defendant, we reverse.

In reviewing the denial of a motion for a judgment of acquittal, “this court resolves any conflicts in the evidence in favor of the state and gives the…