- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-07-2011
- Case #: A143619
- Judge(s)/Court Below: Brewer, C.J. for the Court; Edmonds, S.J.
- Full Text Opinion
Anthony Holcomb was charged with first-degree burglary for aiding and abetting. Holcomb drove his accomplice to the victim’s residence, the accomplice entered the garage, carried out various items, and loaded them into the car. The victim saw Holcomb parked, and later identified him as the driver. The trial court denied Holcomb’s motion for judgment of acquittal, and found him guilty. On appeal, Holcomb argued that the evidence did not show that he brought the accomplice to the residence knowing of the accomplice's intent to unlawfully enter. He also argued that there was not sufficient evidence that he knew the items were in the vehicle. The Court of Appeals concluded that the evidence showed that Holcomb was in the vicinity when the accomplice made unlawful entry. The evidence supported an inference that he transported stolen items away from the scene after the victim said that the police were on their way. The Court found that the trial court did not err in denying the motion for a judgment of acquittal. Affirmed.