State v. Waterhouse

Defendant took several metal items from the victim’s recycling drop box and was convicted of third-degree theft, ORS 164.043. To establish third-degree theft, the state must prove, among other things, that the items that defendant took had some “value” as that term is used in the relevant statutes. On appeal, defendant argues that the trial court erred in denying his motion for judgment of acquittal. We write to address defendant’s argument that the state failed to adduce sufficient evidence that the stolen property had value and affirm.1

We review the denial of a motion for judgment of…