STATE v. KAASTAD (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Brandon Johann KAASTAD, Defendant-Appellant.

A172868

Decided: June 16, 2021

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kali Montague, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Weston Koyama, Assistant Attorney General, filed the brief for respondent.

Defendant was convicted of second-degree theft, ORS 164.045 (Count 4), in addition to several drug-related offenses. He argues on appeal that the trial court erred in denying his motion for judgment of acquittal on the theft count. He raises no issues on appeal concerning the remaining convictions. The state concedes the error. As explained below, we agree and accept that concession.

An extended discussion of the facts would not benefit the bench, the bar, or the public. Defendant was in his car with his dog outside a store while two friends were inside the store. One of the friends shoplifted items then returned to defendant's car, where he was immediately apprehended by police. The state theorized that defendant aided and abetted in the planning and commission of the theft. As the state now concedes, it adduced insufficient evidence to support that theory.

Conviction on Count 4 reversed; remanded for resentencing; otherwise affirmed.

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network