State v. Sumpter

Defendant was convicted of first-degree assault, ORS 163.185, unauthorized use of a vehicle, ORS 164.135, and first-degree theft, ORS 164.055. On appeal, he argues that the court erred in denying his motion for judgment of acquittal on the first-degree theft charge on the ground that the state presented insufficient evidence that the gun involved in the crime was an operable firearm. Defendant also argues that the trial court erred in sentencing him as a repeat property offender, pursuant to ORS 137.717, because the state failed to establish that he had committed the requisite predicate…