State v. Tirado

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. The issue is whether the state proved venue in Jackson County. We reverse.

At the close of the state’s case, defendant moved for a judgment of acquittal, contending that the state had failed to establish venue. The court denied the motion. Venue must be established beyond a reasonable'doubt. Or Const, Art I, § 11; State v. O’Neall, 115 Or App 62, 66, 836 P2d 758, rev den 314 Or 574 (1992). The state may prove venue through either direct or circumstantial evidence. State v. Miranda, 309 Or 121, 130,…