344 P.3d 491
Or. Ct. App.2015Background
- Police stopped a man driving a stolen pickup truck in Portland; jiggle keys were found in the truck bed near the defendant's belongings.
- Defendant was charged with unauthorized use of a vehicle (UUV), possession of a stolen vehicle (PSV), and possession of methamphetamine.
- The owner reported a dent in the truck’s hood costing $1,800 to repair; no other obvious signs of theft were observed.
- Defendant told officers a detailed, implausible story about borrowing the truck from a transient acquaintance named Dave.
- Jiggle keys were found in plain view in the back of the truck, next to a bag belonging to defendant.
- The appellate court reversed Counts 1 and 2, finding insufficient evidence that defendant knew the truck was stolen and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowledge that the truck was stolen | State argues proximity of jiggle keys and deceit show knowledge. | Bell/Shipe require actual knowledge; no direct evidence of knowledge. | Insufficient knowledge; reversed and remanded |
Key Cases Cited
- State v. Bell, 220 Or App 266 (2008) (insufficient evidence to prove knowledge when no tying facts)
- State v. Shipe, 264 Or App 391 (2014) (lack of evidence that defendant knew the truck was stolen)
- Delgado v. Souders, 334 Or 122 (2002) (circumstantial evidence and reasonable inferences may establish knowledge)
- State v. Cervantes, 319 Or 121 (1994) (review standard for motions for judgment of acquittal)
- State v. Bivins, 191 Or App 460 (2004) (inference must be reasonable and not speculative)