State v. Hitz

*185LINDE, J.

Defendant appealed her conviction of a knowing unlawful misapplication of entrusted property, ORS 165.095(1), claiming that the trial court should have entered a judgment of acquittal for lack of evidence that the alleged misapplication was unlawful. The Court of Appeals affirmed the conviction on grounds that defendant “did not preserve the argument in the trial court.” 92 Or App 136, 139, 757 P2d 448 (1988). Not having previously examined the elements of this statute, we allowed defendant’s petition for review. We reverse the decision of the Court of Appeals and the judgment of…