State v. Madison, 466 P.3d 92

Detective Newell and Detective Burroughs ran undercover Backpage.com sting ads posing as prostitutes "Rachel" and "Isabella."
Madison replied with texts using pimp-related vernacular, sent videos suggesting wealth, discussed money-exchange and recruitment, and arranged meetings.
Officers arrested Madison at the agreed meeting; he was charged with two counts of promoting prostitution (ORS 167.012(1)(d)) and one count of resisting arrest.
At the bench trial Madison moved for judgment of acquittal on the promoting-prostitution counts, arguing no actual prostitution or enterprise existed because the "women" were detectives; the trial court denied the motion.
The state conceded that the evidence did not prove a completed act or enterprise of prostitution but argued the record supported convictions for attempted promoting prostitution; the court of appeals accepted that concession.
The court reversed convictions on Counts 1 and 2, remanded for entry of convictions for attempted promoting prostitution and for resentencing, and otherwise affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for promoting prostitution (ORS 167.012(1)(d))	State conceded completed offense not proven because no actual prostitution occurred.	Madison: no act or enterprise of prostitution occurred, so cannot have instituted/aided/facilitated one.	Convictions for promoting prostitution reversed as to Counts 1–2 (completed offense not proven).
Remedy and availability of attempted lesser-included offense	State: evidence supports attempted promoting prostitution; appellate remand to enter attempt convictions is appropriate.	Madison offered no authority opposing entry of lesser-included attempt remedy.	Court accepted precedent allowing entry of lesser-included attempt; remanded for convictions for attempted promoting prostitution and resentencing.

State v. Derry, 200 Or App 587 (2005) (standard of review for judgment of acquittal: view evidence in light most favorable to the state).
State v. Lopez, 151 Or App 138 (1997) (remand for entry of conviction on lesser-included attempt where completed offense not proven).
State v. Pittman, 276 Or App 491 (2016) (appellate authority to direct entry of lesser-included offense).
State v. Lee, 174 Or App 119 (2001) (tests for determining lesser-included offense).
State v. Odnorozhenko, 224 Or App 288 (2009) (attempt is a lesser-included offense of the completed crime).