State v. Barboe

Defendant appeals a judgment of conviction, following a bench trial, for fraudulent use of a credit card, ORS 165.055.1 He assigns error to his conviction under an aid-and-abet after-the-fact theory of criminal liability, arguing that the trial court erred in convicting him on the basis of conduct that occurred after the crime had been completed. The state concedes that the trial court “articulated an after-the-fact aid-and-abet theory when it explained its verdict” and that Oregon does not recognize such a theory, but contends that defendant failed to preserve that argument for review.…