State v. Durant

Defendant seeks reversal of his conviction for aggravated theft in the first degree. ORS 164.057. He assigns error to the denial of his demurrer and his motion for judgment of acquittal and also to the trial court’s failure to give his requested jury instructions. We reverse.

Defendant paid the victim $10,000 for a 40 percent interest in the sports cards, sports memorabilia and profits of a sports card shop. Six weeks after purchasing this interest, defendant staged a burglary and took all the sports cards from the shop. He was charged with aggravated theft and criminal mischief. Before trial,…