STATE v. SCHOEN

(CC 04494; CA A129669; SC S057652).

228 P.3d 1207 (2010)

348 Or. 207

STATE of Oregon, Respondent on Review, v. Terry Dean SCHOEN, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 14, 2010.


Attorney(s) appearing for the Case

Neil F. Byl, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Michael A. Casper, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.


BALMER, J.

This case requires us to determine whether a reasonable jury could find that defendant "tamper[ed] * * * with property of another," as that phrase is used in ORS 164.345(1), the statute that defines the crime of third-degree criminal mischief. At trial, defendant argued that his conduct—kicking the door of a police car in which he had been placed following his arrest—was insufficient to allow a conviction for that crime. The trial court rejected...

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