State v. Webb

Defendant appeals a judgment of conviction for one count of second-degree burglary (Count 3) and two counts of first-degree theft (Counts 2 and 5), arguing that the trial court erred in denying his motion for judgment of acquittal on the burglary conviction and in sentencing him as a repeat property offender on Count 5 under ORS 137.717. For the reasons explained herein, we affirm defendant’s convictions and do not address his sentencing argument, because it has become moot.

In reviewing the denial of a motion for judgment of acquittal, we state the facts in the light most favorable to the…