State v. Harrington

Defendant appeals a judgment of conviction for first-degree robbery, ORS 164.415, possession of methamphetamine, ORS 475.894, and unlawful possession of a destructive device, ORS 166.382. He assigns error to the trial court’s denial of a motion for a judgment of acquittal on the robbery charge and to the imposition of restitution in the amount of $5,843.40. We affirm the court’s denial of the motion for a judgment of acquittal without discussion, but remand for resentencing because of insufficient evidence to support the imposition of restitution.

The relevant facts are not in dispute. The…