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STATE v. REYNOLDS

08M94496; A142686.

265 P.3d 22 (2011)

246 Or. App. 152

STATE of Oregon, Plaintiff-Respondent, and City of Lake Oswego, Plaintiff, v. Barbara Jay REYNOLDS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 19, 2011.

Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Erika L. Hadlock , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant appeals a judgment of conviction for second-degree theft, ORS 164.045. She assigns error to the trial court's denial of her motion for a judgment of acquittal, arguing that the state failed to prove the necessary element that she intended to defraud her landlord when she failed to pay rent. Because we agree with defendant, we reverse.

We review challenges to the sufficiency of evidence to determine whether, viewing the evidence in the...

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