State v. Mayse

Summary

The Oregon Court of Appeals affirmed Christina Lynn Mayse’s convictions for computer crime and first-degree theft. The court held that Mayse’s appellate arguments concerning the computer-crime charge were unpreserved and that any error was not plain under the governing statutory interpretation. The court also concluded that the evidence was sufficient for a rational factfinder to infer that Mayse committed theft of $1,000 or more.

Holdings

1. The trial court did not plainly err because defendant's argument that her use of the point-of-sale system could not constitute computer crime was unpreserved and, in light of State v. Azar and the evidence, it was not obvious or reasonably undisputed that the conduct fell outside ORS 164.377(2)(c).
2. The trial court correctly denied defendant's motion for judgment of acquittal because, viewed in the light most favorable to the state, the evidence permitted a rational factfinder to infer that defendant took $1,000 or more from the store.

Questions Presented

1. Whether the trial court plainly erred by denying defendant's motion for judgment of acquittal on the computer-crime charge where defendant argued that she did not use the point-of-sale system for the purpose of committing theft under ORS 164.377(2)(c).
2. Whether the evidence was sufficient to permit a rational factfinder to find that defendant committed first-degree theft of $1,000 or more under ORS 164.055(1)(a).

Disposition

affirmed