State v. Zimmerman

447 Argued and submitted August 10, 2020; conviction on Count 1 vacated and remanded, remanded for resentencing, otherwise affirmed March 3, 2021 STATE OF OREGON, Plaintiff-Respondent, v. THOMAS JOSEPH LEE ZIMMERMAN, Defendant-Appellant. Jefferson County Circuit Court 18CR22187; A169034

483 P3d 39

Defendant was convicted of, among other things, first-degree aggravated theft. On appeal, he argues that the trial court should not have considered a theft-by-taking theory of that crime, because he could not be criminally liable on that theory based on his acts after the taking was complete. Held:…