State v. Rennells

This is the companion case to State v. Jackson, 212 Or App 51, 157 P3d 239 (2007). Defendant appeals from a judgment of conviction for, among other crimes, robbery in the second degree, ORS 164.405(1)(b). He challenges, principally, (1) the denial of his motion for a judgment of acquittal (MJOA) on that charge and (2) a jury instruction describing the elements and application of ORS 164.405(1)(b). For the reasons stated in Jackson, we reject defendant’s argument, in support of his MJOA, that the state failed to prove that he was “actually present” at the scene of the robbery within the…