State v. Bell

Defendant appeals a judgment of conviction for possession of a stolen vehicle, ORS 819.300, and unauthorized use of a vehicle, ORS 164.135. He assigns error to the trial court’s denial of his motion for a judgment of acquittal on both charges. Defendant contends that the evidence was insufficient to prove that he knew that the vehicle he was driving was stolen. We agree and reverse.

The evidence, taken in the light most favorable to the state, is that, one morning at approximately 4:30 a.m., a police officer received a dispatch that a car that had been reported stolen was in his patrol area.…