State v. Meyer

*633The Supreme Court has remanded this case to us, in which defendant challenges the denial of his motion for judgment of acquittal on the charge of attempted first-degree theft, for reconsideration in light of its recent decision in State v. Fonte , 363 Or. 327, 422 P.3d 202 (2018). State v. Meyer , 363 Or. 744, 430 P.3d 561 (2018) ( Meyer II ). For the reasons that follow, on review for legal error, State v. Miller , 289 Or. App. 353, 357, 413 P.3d 999 (2017), we conclude that, under Fonte , the trial court erred when it denied defendant's motion. We therefore reverse.

*830Except as otherwise…