State v. Metcalfe

The issue in this original proceeding in mandamus is whether the trial court had authority to grant defendant-adverse party’s (defendant’s) motion for judgment of acquittal after the jury had found him guilty of Escape in the Second Degree and to find him guilty of Attempted Escape in the Second Degree. For the reasons that follow, we conclude that the trial court lacked authority to grant defendant’s post-verdict motion. Accordingly, we direct that a peremptory writ of mandamus shall issue.

Defendant was indicted on a single count of Escape in the Second Degree, ORS 162.155(l)(a), based on…