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State v. Mills

Summarized by: 

Date Filed: 03-14-2012
Case #: A145446
Armstrong, J. for the Court; Duncan, J.; and Haselton, P.J. concurring.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A145446.pdf

Evidence: In venue cases, the state may establish venue through circumstantial evidence but the evidence must be substantial enough to prevent the jury from speculating or guesswork.

Defendant appeals his conviction for driving while revoked. Defendant was clocked at 80 miles per hour by laser device near milepost 57 on Highway 26, and pulled over near milepost 56 by a North Plains police officer. Defendant admitted that his license was suspended, and he was charged with driving while revoked. At trial, the defendant moved for a judgment of acquittal, arguing that the state had failed to prove that he had committed the offense in Washington County. The trial court denied the motion, reasoning that, “everybody knows where Highway 26 is, and that means everybody knows that it’s in Washington County.” Defendant appealed and the Court reversed, holding that the state failed to present sufficient evidence to support a finding that defendant drove while revoked in Washington County. Reversed.