State v. Dries

Defendant appeals a judgment of conviction for first-degree theft by receiving. ORS 164.015; ORS 164.055; ORS 164.095. ORS 164.095(1) provides that “[a] person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.” (Emphasis added.) In State v. Thomas, 13 Or App 164, 171, 509 P2d 446 (1973), we held that a conviction under that statute requires a “finding of [a] defendant’s actual knowledge or belief’ that the property was stolen. On that basis, we further held…