State of Oregon, Plaintiff–Respondent, v. Patrick Frederick Mccolligan, Defendant–Appellant. (2016)

Court of Appeals of Oregon.

State of Oregon, Plaintiff–Respondent, v. Patrick Frederick Mccolligan, Defendant–Appellant.

A159208

Decided: September 28, 2016

Before Sercombe, Presiding Judge, and Flynn, Judge, and DeHoog, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sara F. Werboff, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent.

In this criminal case, following a bench trial, defendant was convicted of failure to report as a sex offender. On appeal, he contends that the trial court should have entered a judgment of acquittal because there was insufficient evidence to support a conviction.¹ See State v. Gonzalez, 188 Or. App. 430, 431, 71 P.3d 573 (2003) (explaining that, in a bench trial, when a defendant argues during closing argument that the state failed to adduce sufficient evidence for conviction, that argument is “the equivalent of a motion for judgment of acquittal”). The state concedes that, in light of State v. Hiner, 269 Or. App. 447, 345 P.3d 478 (2015), “there was insufficient evidence for the trial court to find defendant guilty of failure to report as a sex offender.” We agree, accept the concession and, accordingly, reverse defendant's conviction.

Reversed.

FOOTNOTES

1. Defendant also raises additional assignments of error, which we need not address given our conclusion that his conviction must be reversed.

PER CURIAM

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