State v. Mills
274 P.3d 230
Or. Ct. App.2012Background
- Mills was charged with driving while revoked (ORS 811.182) in Washington County.
- North Plains reserve police officer testified Mills's speed was 80 mph on Highway 26 near milepost 57 and Mills was pulled over near milepost 56.
- Mills admitted his license was suspended after being asked for it by the officer.
- The State sought to prove venue in Washington County based on location of North Plains and Highway 26 mileposts.
- Mills moved for judgment of acquittal arguing the record lacked evidence that North Plains or mileposts 56–57 were in Washington County; the court denied the motion.
- The Court of Appeals reversed, holding the State failed to prove venue beyond a reasonable doubt and that Cervantes-based reasoning does not establish venue here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves venue in Washington County. | State argues North Plains and Highway 26 locations place offense in Washington County. | Mills contends no record shows North Plains or mileposts 56–57 are in Washington County. | Yes; the evidence is insufficient to establish venue in Washington County. |
Key Cases Cited
- State v. Cervantes, 319 Or. 121 (1994) (evidence linking location to county via official capacity liaison found sufficient in some contexts)
- State v. Means, 213 Or. App. 268 (2007) (insufficient evidence where location not tied to the county beyond reasonable doubt)
- State v. Davis, 248 Or. App. 263 (2012) (venue proof rejected when location relation to county is speculative)
- State v. Tirado, 118 Or. App. 294 (1993) (location near specific sites lacks tying to county without evidentiary linkage)
- State v. Bivins, 191 Or. App. 460 (2004) (discusses logical probability and inference stacking in venue cases)