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STATE v. ROCHA

071771AFE; A136384.

225 P.3d 45 (2009)

233 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Christopher Allen ROCHA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Carolyn Bys, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for theft in the first degree. ORS 164.055. He assigns error to the trial court's denial of his motion for a judgment of acquittal, arguing that the state's evidence was insufficient to support his conviction. We affirm.

The relevant facts are not in dispute. Defendant and a friend, Swain, entered a Kohl's department store. Defendant took a $400 kitchen stand mixer from the shelf and brought it to the...

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