State v. Sharp

Defendant appealed from a judgment of conviction, contending that the trial court erred in denying his motion for a judgment of acquittal on Count 3, which charged him with attempted assault of a public safety officer. ORS 163.208; ORS 161.405. Defendant argued that the state had failed to prove venue as to that count. While defendant’s appeal was pending, the Oregon Supreme Court issued its decision in State v. Mills, 354 Or 350, 312 P3d 515 (2013), in which it overruled its prior decisions that required the state to prove venue at trial and held that, if a defendant disputes venue, the…