State v. Reynolds

For nearly 40 years, beginning with State v. Willy, 36 Or App 853, 585 P2d 762 (1978), our court has addressed — or declined to address and correct — unpreserved challenges to the sufficiency of evidence supporting criminal convictions. As with all other plain error decisions, our holdings have, ultimately, depended on our resolution of two subsidiary questions: (1) Did the trial court commit plain error by entering a conviction based on legally insufficient evidence, notwithstanding the absence of a motion for judgment of acquittal (MJOA) or its functional equivalent? And (2) if so, should…