STATE OF OREGON, Plaintiff-Respondent, v. PAVEL ION PERJU, Defendant-Appellant.
The trial court convicted defendant of the traffic vio-lation of operating a motor vehicle while using a mobile com-munication device. Former ORS 811.507 (2015), amended by Or Laws 2017, ch 629, § 1. On appeal, defendant argues that, because there was no evidence that he was using his cell phone for a communicative purpose while driving, the trial court erred by denying his motion for judgment of acquittal. The state concedes that there was insufficient evidence that defendant “used” his cell phone under former ORS 811.507, as we construed that statute in State v. Rabanales-Ramos, 273 Or App 228, 359 P3d 250 (2015). We agree with the state's concession, accept it, and reverse the trial court's judgment.