State v. Pusztai

Defendant was convicted of, among other crimes, one count of unauthorized use of a vehicle (UUV), ORS 164.135(l)(a).1 He assigns error to the trial court’s refusal to instruct the jury on the statutory defense of “honest claim of right,” which is set out in ORS 164.035(1). That statute specifies, “In a prosecution for theft it is a defense that the defendant acted under an honest claim of right [.] ” Defendant argues that he was entitled to the instruction because UUV is “essentially, the theft of a vehicle.” The state responds that defendant did not present evidence to support giving the…