State v. Tyler

Defendant appeals a judgment convicting him of ORS 814.070(11(a),1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal. Defendant argues that the legislature did not intend for ORS 814.070(1) to apply to pedestrians who are in the process of crossing the roadway. We agree with defendant; ORS 814.070(1) was not intended to apply to pedestrians who are in the process of crossing the roadway, and there is insufficient evidence in the record for the court to find that defendant was…