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STATE v. BARBOE

CRH080518; A143495.

290 P.3d 833 (2012)

253 Or. App. 367

STATE of Oregon, Plaintiff-Respondent, v. Joshua Melvin BARBOE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2012.

Attorney(s) appearing for the Case

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

Paul L. Smith , Attorney-in-Charge, Collateral Remedies Appeals, argued the cause for respondent. On the brief were Hardy Myers , Attorney General, Mary H. Williams , Solicitor General, and Erika L. Hadlock , Senior Assistant Attorney General.

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

SERCOMBE, J.

Defendant appeals a judgment of conviction, following a bench trial, for fraudulent use of a credit card, ORS 165.055.1 He assigns error to his conviction under an aid-and-abet after-the-fact theory of criminal liability, arguing that the trial court erred in convicting him on the basis of conduct that occurred after the crime had been completed. The state concedes that the trial court "articulated an after-the-fact...

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