State v. Douthitt

*335THORNTON, J.

Defendant appeals his conviction of unauthorized use of a vehicle. ORS 164.135.1 The issue is whether defendant exercised control over a vehicle such that his conduct constituted an unauthorized use proscribed by the statute.

The evidence adduced at trial was that defendant had gained entry into a parked automobile by pushing open an unlatched wind-wing and unlocking the door. The car had been left by the owner after running out of gas. After entering the vehicle, defendant rifled the glove box and put on a coat that was "[flaying in the back seat.” The arresting officer testified…