State v. Ortiz-Valdez

Defendant appeals a conviction for attempting to supply contraband by knowingly introducing it into a correctional facility, ORS 162.185. The issue presented is the same as that presented in a series of recent cases — whether defendant was entitled to a judgment of acquittal on the ground that the state failed to adduce legally sufficient evidence of a voluntary act as required by ORS 161.095. See State v. Tippetts, 180 Or App 350, 43 P3d 455 (2002).1 We agree with defendant that Tippetts controls in this case. We therefore reverse defendant’s conviction of attempting to supply contraband and…