State v. Watson

pro tempore

Defendant appeals her conviction for first-degree theft. ORS 164.055. We previously affirmed the conviction without opinion. State v. Watson, 190 Or App 305, 79 P3d 418 (2003). The Supreme Court thereafter vacated our decision and remanded for farther consideration in light of State v. Cox, 336 Or 284, 82 P3d 619 (2003). State v. Watson, 336 Or 376, 84 P3d 1080 (2004). In light of Cox, we vacate the conviction and remand the case to the trial court to determine the relevant facts and to enter judgment accordingly.

Defendant and her husband engaged in a number of thefts at antique…