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STATE v. JONES

060130196; A132766.

196 P.3d 97 (2008)

223 Or. App. 611

STATE of Oregon, Plaintiff-Respondent, v. Russell Marvin JONES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Erica Herb, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Karla H. Alderman, Assistant Attorney General, filed the brief for respondent.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and RICHARDSON, Senior Judge.

BREWER, C.J.

Defendant appeals his convictions for first-degree theft, ORS 164.055, and unauthorized use of a vehicle, ORS 164.135.1 Defendant asserts that the trial court erred in denying his motions for a judgment of acquittal on both charges on the ground that the state failed to adduce evidence that he had a culpable mental state with respect to certain material elements of each offense. The state responds that a culpable mental state...

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