State v. Martin

EDMONDS, S. J.

Defendant appeals a judgment convicting him of second-degree burglary, ORS 164.215(1); first-degree criminal mischief, ORS 164.365(1); and identity theft by possessing the personal identification of another person, ORS 165.800(1). On appeal, he assigns error to the trial court’s denial of his motions for judgment of acquittal with regard to the burglary and identity theft charges. As to each charge, he challenges the sufficiency of the evidence regarding his mental state. We affirm as to the burglary conviction but reverse as to the identify theft conviction.

City of Portland…