State v. Rocha

Defendant appeals a judgment of conviction for theft in the first degree. ORS 164.055. He assigns error to the trial court’s denial of his motion for a judgment of acquittal, arguing that the state’s evidence was insufficient to support his conviction. We affirm.

The relevant facts are not in dispute. Defendant and a friend, Swain, entered a Kohl’s department store. Defendant took a $400 kitchen stand mixer from the shelf and brought it to the customer service counter, where Swain was waiting for defendant. They told the customer service employee that they had received the mixer as a gift and…