State v. Travalini

Defendant was indicted for arson in the first degree for intentionally damaging the property of another. ORS 164.325(l)(a)(A). The indictment also alleged that the arson “represented a threat of serious physical injury,” thereby exposing defendant to an enhanced sentence under an “offense-subcategory fact” set out in the sentencing guidelines but not the arson statute. At the close of the state’s case, defendant moved for a judgment of acquittal, arguing that the state had failed to prove that he intended to injure another; according to defendant, the state had to prove intent with respect…