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STATE v. NYHUIS

211010593; A145893.

284 P.3d 1229 (2012)

251 Or. App. 768

STATE of Oregon, Plaintiff-Respondent, v. Adam Paul NYHUIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 22, 2012.

Attorney(s) appearing for the Case

Morgen E. Daniels , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Susan G. Howe , 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.

SCHUMAN, P.J.

Defendant was convicted of reckless burning for setting fire to a cracker wrapper, toilet paper, and a paper drinking cup that were provided to him by a detoxification center. On appeal, he argues that the court erred in denying his motion for a judgment of acquittal, because ORS 164.335(1), the reckless burning statute, applies only if the burnt items were the "property of another," and the state failed to prove that what he burned was either "property...

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