STATE v. TIRADO

90-4279-C; CA A69172.

846 P.2d 1201 (1993)

118 Or. App. 294

STATE of Oregon, Respondent, v. Angel Monserrate TIRADO, Appellant.

Court of Appeals of Oregon.

Decided February 17, 1993.


Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.


DURHAM, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. The issue is whether the state proved venue in Jackson County. We reverse.

At the close of the state's case, defendant moved for a judgment of acquittal, contending that the state had failed to establish venue. The court denied the motion. Venue must be established beyond a reasonable doubt. Or.Const., Art. I, § 11; State v. O'Neall,

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