STATE v. DRIES

081034751; A142715.

277 P.3d 607 (2012)

249 Or. App. 375

STATE of Oregon, Plaintiff-Respondent, v. Andrew John DRIES, aka Andy John Gomez, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2012.


Attorney(s) appearing for the Case

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

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.


SERCOMBE, J.

Defendant appeals a judgment of conviction for first-degree theft by receiving. ORS 164.015; ORS 164.055; ORS 164.095.1 ORS 164.095(1) provides that "[a] person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft." (Emphasis added.) In State v. Thomas, 13 Or.App. 164, 171,

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