State v. Caravity

Defendant contends that the court erred in finding him guilty of attempted theft in the third degree, ORS 164.043; ORS 161.405, because “it was necessary for the Plaintiff to establish, beyond a reasonable doubt, that the conduct of the Defendant was the direct result of guilty knowledge * * The court applied a preponderance of the evidence standard. The state acknowledges that that was error, ORS 136.415, but argues that defendant did not object at trial and does not directly raise the issue even on appeal. The state also notes that, although defendant requested trial by jury, the file…