STATE v. WATERHOUSE

D121196M; A153037.

337 P.3d 195 (2014)

266 Or. App. 346

STATE of Oregon, Plaintiff-Respondent, v. Sunie Shawn WATERHOUSE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2014.


Attorney(s) appearing for the Case

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

Matthew J. Preusch , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General..

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


NAKAMOTO, J.

Defendant took several metal items from the victim's recycling drop box and was convicted of third-degree theft, ORS 164.043. To establish third-degree theft, the state must prove, among other things, that the items that defendant took had some "value" as that term is used in the relevant statutes. On appeal, defendant argues that the trial court erred in denying his motion for judgment of acquittal. We write to address defendant's argument that the state...

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