State v. Washburn

Defendant was convicted of criminal mischief in the first degree, ORS 164.365, a Class C felony, for stripping bark from 28 chittamwood (cascara buckthorn) trees. Defendant admits the attack on the trees; he claims the state failed to prove that damages exceeded $200. We agree and reverse and remand for resentencing.

The parties portray the issue on appeal as the proper manner for measuring the damage. ORS 164.365 provides that:

"(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to…