Legal Opinion

State v. Smith

Court of Appeals of Oregon

Decided October 17, 2012No. 0702246CR; A143661PublishedCited by 11 opinions

1Opinion of the CourtSercombe, P. J.

Defendant appeals a judgment of conviction for first-degree theft by receiving.1 He assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that the evidence was insufficient to establish that he knew or had good reason to know that the property in question was the subject of theft as required by ORS 164.095(1).2 We conclude that the trial court did not err in denying the motion and, accordingly, affirm.

We set forth the facts in the light most favorable to the state and review those facts to determine whether a rational trier of fact could have found…

2Cases cited12 opinions

  1. Peeples v. LampertOregon Supreme Court · 2008
  2. State v. CunninghamOregon Supreme Court · 1994
  3. Kotera v. Daioh International U.S.A. Corp.Court of Appeals of Oregon · 2002
  4. State v. SpearsCourt of Appeals of Oregon · 2008
  5. State v. ThomasCourt of Appeals of Oregon · 1973

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. RobertsCourt of Appeals of Oregon · 2018
  2. State v. MirandaCourt of Appeals of Oregon · 2018
  3. State v. ArnoldCourt of Appeals of Oregon · 2020
  4. State v. Reyes-CastroCourt of Appeals of Oregon · 2022
  5. State v. DyeCourt of Appeals of Oregon · 2017

6 more not listed; retrieve them via the Exa API.

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