State v. Mulvaine

Defendant appeals the trial court’s judgment convicting him, after a jury trial, of conspiracy to commit murder, ORS 163.115, ORS 161.450(2)(a), and assault in the second degree, ORS 163.175.1 Defendant raises five assignments of error; we write to address one: whether the trial court erred by denying his motion for judgment of acquittal on the conspiracy count on the ground that the state had failed to prove that venue was proper in Malheur County.2 Defendant argues, and the state agrees, that, under State v. Mills, 354 Or 350, 312 P3d 515 (2013), defendant is entitled to a reversal of the…