State v. Ritter

Defendant appeals a judgment of conviction for multiple charges, including one count of identity theft, ORS 165.800. Defendant assigns error only to the trial court’s denial of his motion for judgment of acquittal on the identity theft charge. ORS 165.800(1) states, in part, that a person commits identity theft when he or she “converts to the person’s own use the personal identification of another person.” While in custody at the Marion County Jail, defendant had his cellmate place a call to defendant’s girlfriend, whom defendant was prohibited from contacting. The jail’s telephone system…