State v. Huffman

Defendant appeals from a judgment of conviction on two counts of theft in the first degree (Counts 1 and 2), ORS 164.055 (2005), amended by Oregon Laws 2009, chapter 16, section 3, and one count of giving false information to a peace officer for the issuance or service of a citation or an arrest warrant (Count 3), ORS 162.385 (2005), amended by Oregon Laws 2007, chapter 771, section l. Defendant assigns error to the trial court’s denial of his motion for a judgment of acquittal on all counts and the trial court’s failure to merge Counts 1 and 2 under ORS 161.067(3). We reverse as to Count 3…