STATE v. BELL

050834916; A131813.

185 P.3d 541 (2008)

220 Or. App. 266

STATE of Oregon, Plaintiff-Respondent, v. Anthony Dwane BELL, aka Anthony Dwaine Bell, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 28, 2008.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Mary-Shannon Storey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and RIGGS, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for possession of a stolen vehicle, ORS 819.300, and unauthorized use of a vehicle, ORS 164.135. He assigns error to the trial court's denial of his motion for a judgment of acquittal on both charges. Defendant contends that the evidence was insufficient to prove that he knew that the vehicle he was driving was stolen. We agree and reverse.

The evidence, taken in the light most favorable to the state...

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