State v. Chang Hwan Cho

Defendant appeals his conviction for offering to purchase the gall bladder of a bear in violation of ORS 498.022. 1 He makes two assignments of error: denial of his motion to dismiss the complaint on the grounds of res judicata or collateral estoppel, and denial of his motion for directed verdict because of the state’s failure to plead and prove a culpable mental state. Alternatively, defendant argues that, if a culpable mental state is not an element of the offense, then it is a violation and he should be sentenced accordingly. We remand for resentencing.

The first complaint alleged that…