State v. Olson

Defendant appeals his conviction for theft. ORS 164.055. He assigns as error the denial of his motions to acquit and to dismiss and challenges the amount of restitution awarded. We modify the restitution award but otherwise affirm.

Defendant agreed to sell two trucks to Rodriguez for $1,000. They made the agreement in Idaho, where the trucks allegedly were located.1 Defendant promised to deliver the trucks to Rodriguez in Oregon. While purportedly en route to Oregon with the trucks, but while still in Idaho, defendant called Rodriguez, who was in Oregon. Defendant told Rodriguez that he needed…