STATE v. FITZGERALD

A170301.

500 P.3d 721 (2021)

315 Or. App. 336

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

Court of Appeals of Oregon.

October 27, 2021.


Attorney(s) appearing for the Case

Kyle Krohn , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Christopher A. Perdue , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.


Defendant appeals a judgment of conviction by a jury for second-degree burglary, ORS 164.215, and unauthorized use of a vehicle (UUV), ORS 164.135. The jury was not polled, so it is not known whether the verdicts were unanimous. On appeal, defendant contends that the trial court (1) erred by denying his motion for judgment of acquittal...

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