State v. JonesState v. Jones
Defendant appeals his convictions for first-degree theft,
In addressing defendant’s challenges to the sufficiency of the evidence, we view the facts, including reasonable inferences to be drawn from them, in the light most favorable to the prevailing party, in this case, the state.
State v. Shields,
In the meantime, Blue Flame Oil’s owner, Love, discovered that the skid steer and trailer were missing. A company employee had seen the men hitching up the trailer and, finding that activity suspicious, had written down the license number of the truck. Love called the police, and he also contacted a friend who was able to give him the address of the registered owner of the truck. Love went to that address— Tellegen’s home — and saw the truck; he again called the police, who arrived and questioned Tellegen and the other men. Officers took defendant to a police station and questioned him. Defendant told the officers that he had to do “damage control” and that “I don’t want to incriminate myself by telling you where the trailer is. I can’t tell you specifics without getting a label.” Defendant evaded questions about Meyrick’s role in the episode, and he insisted that Tellegen hadn’t done anything wrong. Defendant told the officers that he could indicate where the trailer was located on a map. After being given a map, defendant pointed to a location in rural Clackamas County. Police found the skid steer at that location, less than a quarter mile from Jansik’s property. The trailer was found nearby. The skid steer had been washed, and its rear window and serial number were missing. The trailer tire, which Love knew had been nearly flat, had been inflated. According to Love, the skid steer was worth $14,000, and he had paid $2,500 to purchase the trailer.
Defendant was indicted and tried before a jury on one count of first-degree aggravated theft and one count of
unauthorized use of a vehicle.
2
At the close of the state’s case, defendant moved for a judgment of acquittal on both counts. With respect to the aggravated theft count, defendant asserted that the state was required, but had failed, to prove that he
knew
the skid steer and trailer were worth more than $10,000, as required by
Relying on our decision in
State v. Rutley,
Defendant frames his argument on appeal as a challenge to the sufficiency of the evidence supporting his convictions. In his view, the jury must have impermissibly “stack[ed] inferences” from the evidence in order to find that he knew the skid steer and trailer were worth at least $750, and that he knew the trailer was a “vehicle.” Defendant also argues that the evidence was insufficient to show that he knew the skid steer and trailer did not belong to Jansik and that he therefore lacked the intent to deprive the owner of that property. 3 The state frames the issues differently. The state contends that the trial court erred in concluding that it was required to prove that defendant had a culpable mental state with respect to the pertinent elements of the charged offenses. Viewed accordingly, the state asserts, the evidence in the record was sufficient to support defendant’s convictions.
Because it is dispositive, we first address the state’s argument. Whether defendant’s knowledge of material elements of the charged offenses must be proved is a question of statutory interpretation, which we review for errors of law.
PGE v. Bureau of Labor and Industries,
Several statutes inform our analysis.
“Except as provided inORS 161.105 , a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
“(1) NotwithstandingORS 161.095 , a culpable mental state is not required if:
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“(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
In turn,
We have previously described the determination of “whether a culpable mental state attaches to certain elements of a crime” as a “chronically vexing problem.”
State v. Schodrow,
With that background, it is apparent that, because it applies to statutes prescribing offenses outside the criminal code,
In this case,
Again, defendant argued, and the trial court agreed, that the jury was required to find that he
knew
that the stolen equipment was worth more than $750. We note that we do not understand defendant to assert that a “knowing”
mens rea
applies to
Defendant’s argument nonetheless fails, because
Moreover,
In sum, we conclude that the legislature did not intend to require the state to prove a defendant’s intent to steal property worth at least $750 in order to convict him of first-degree theft.
See Rutley,
The state presented evidence that defendant, Meyrick, and Tellegen took the trailer and skid steer from Blue Flame Oil’s parking lot. Love testified that he had not given them permission to do so and that the skid steer and trailer together were worth $16,500. Although Meyrick testified that he told defendant that the skid steer belonged to J ansik, J ansik testified that one of the men had offered to sell him a skid steer “like the one” they had with them. The men left after Jansik refused to buy the skid steer, and they abandoned it a quarter mile away. The skid steer had been washed, and its rear window and serial number were missing. The men also abandoned the trailer, and one of the tires, which Love testified had been flat, had been found inflated when the trailer was recovered the next day. Drawing all inferences in the light most favorable to the state, a rational trier of fact could have found from those facts that the skid steer and trailer did not belong to Jansik and that defendant intended to deprive their owner of that property. Accordingly, the trial court did not err in denying defendant’s motion for judgment of acquittal on the first-degree theft count.
In his second assignment of error, defendant argues that the trial court erred in denying his motion for judgment of acquittal on the unauthorized use of a vehicle count, because the evidence was insufficient for the jury to find that he knew that the trailer was a “vehicle.”
“(1) A person commits the crime of unauthorized use of a vehicle when:
“(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner.”
Defendant concedes that the trailer was a vehicle within the meaning of
The Supreme Court’s holding in
Lane
is instructive. In that case, the defendant was convicted of second-degree escape,
In this case, the state presented evidence that defendant, along with two other
Affirmed.
Notes
“(1) A person commits the crime of theft in the first degree if, by other than extortion, the person commits theft as defined inORS 164.015 and:
“(a) The total value of the property in a single or aggregate transaction is $200 or more in a case of theft by receiving, and $750 or more in any other case!.]”
“A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person:
“(1) Takes, appropriates, obtains or withholds such property from an owner thereof!.]”
“(1) A person commits the crime of unauthorized use of a vehicle when:
“(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner!.]”
“(1) A person commits the crime of aggravated theft in the first degree, if:
“(a) The person violatesORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and
“(b) The value of the property in a single or aggregate transaction is $10,000 or more.”
Defendant did not testify at trial, but he elicited testimony from Meyrick, who testified that he had told defendant that Jansik owned the skid steer and trailer.
Defendant argues in his third assignment of error that his conviction for unauthorized use of a vehicle ought to be reversed because the jury’s vote for conviction was not unanimous. Defendant challenges the validity of the 1934 amendment to Article I, section 11, of the Oregon Constitution allowing for nonunanimous jury verdicts, arguing that the amendment violated the bar on multiple amendments in Article XVII, section 1, as interpreted by the Supreme Court’s decision in
Armatta v. Kitzhaber,