State v. Spears

Defendant appeals a judgment of conviction for first-degree theft, ORS 164.055(1), assigning error to the denial of his motion for judgment of acquittal (MJOA) on that charge. Defendant contends that the state failed to present legally sufficient evidence that he succeeded in “taking, appropriating, obtaining or withholding” the property, arguing that the evidence was sufficient only to prove an attempted theft. The state responds that, when defendant removed five boxes of computers from inside a trailer and concealed them behind the trailer’s wheels, he “took” the property for proposes of…