PER CURIAM.
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...
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