State ex rel. Juvenile Department v. Roff

Roff, a child, appeals the finding of jurisdiction of the juvenile court based on attempted arson in the first degree. ORS 164.325; ORS 419.476(1)(a). The issue is whether the property involved was “protected property” under ORS 164.305(1). We review de novo, and reverse and remand.

Roff was accused of attempting to set fire to a pickup truck and recklessly endangering a cabinet making shop, which was three or four feet from where the truck was parked. Lantzer, the owner of the cabinet shop, testified that the shop was never used at night and that the earliest that he or anyone else would be…