State v. Thomas

Defendant appeals his convictions for two counts of theft by receiving, each count involving a separate stolen bicycle. ORS 164.095. He asserts that the trial court erred by sustaining the state’s hearsay objection to evidence that the thief told defendant’s mother (mother), in defendant’s presence, that one of the bicycles was not stolen. Although we agree that the court erred, we also hold that the error was harmless. We therefore affirm both convictions.

There is some disagreement in the evidence about who stole the bicycles. Because of the jury’s verdict, we generally state the facts to…