State v. Satterfield

362 P.3d 728, 274 Or. App. 756, 2015 Ore. App. LEXIS 1302
CourtCourt of Appeals of Oregon
DecidedNovember 12, 2015
Docket13C41304; A156211
StatusPublished
Cited by6 cases

This text of 362 P.3d 728 (State v. Satterfield) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Satterfield, 362 P.3d 728, 274 Or. App. 756, 2015 Ore. App. LEXIS 1302 (Or. Ct. App. 2015).

Opinion

NAKAMOTO, J.

After a bench trial, defendant appeals his conviction for theft in the first degree by receiving (Count 1). He contends that the trial court erred in convicting him by finding that he “had good reason to know” that the property — a firearm — was stolen, a mental state that defendant argues was improperly applied in light of State v. Korelis, 273 Or 427, 541 P2d 468 (1975). He contends further that, because the trial court expressly found that he did not know the firearm was stolen, the correct mens rea, he is entitled to an outright reversal. The state principally responds by asserting that defendant failed to preserve that argument. We conclude that defendant adequately preserved his argument on appeal and that the trial court considered an incorrect mental state as an element of the crime when it convicted defendant. Accordingly, we reverse as to Count 1 and, as further explained below, remand for a new trial and for resentencing; we otherwise affirm.

The relevant facts are entirely procedural. The state charged defendant with two counts: (1) first-degree theft by receiving, ORS 164.015 (theft), ORS 164.055 (theft in the first degree), ORS 164.095 (theft by receiving), and (2) unlawful possession of a short-barreled rifle, ORS 166.272.1 “A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.” ORS 164.095(1).

In the indictment, the state accused defendant of “unlawfully and knowingly commit [ting] theft of*** a firearm.” (Emphasis added.) The state’s requested jury instruction setting forth the elements of the crime stated, in relevant part, that, “to establish the crime of theft in the first degree by receiving, the state must prove beyond a reasonable doubt * * * [that] [defendant] knew or believed the property was the subject of theft.” (Emphasis added.)

Defendant opted for a trial to the court, at which the court heard testimony from various witnesses, including [758]*758defendant. Defendant testified that he did not know that the rifle was stolen when he bought it for $125 and a promise to give the seller some methamphetamine, although he admitted to a police detective that such rifles can cost more than $1,000 and that “he knew something wasn’t right with the rifle.” Defendant explained that the seller told him that the rifle had belonged to the seller’s grandfather. Although a state witness testified that defendant later received a call from an informant, who told him that the firearm was the subject of an unreported theft, defendant testified that he did not find the caller credible. Defendant further testified that he did not believe that the rifle was stolen until he learned from the police that it had been stolen.

At trial, defense counsel repeatedly argued to the court that the state had not met its burden to prove that defendant “knew or believed” that the firearm was stolen. For instance, in closing argument, defense counsel stated that “[t]he State has not proven beyond a reasonable doubt that [defendant] knew or believed that the property was stolen.” Defense counsel concluded by urging that, “because the State has not proven beyond a reasonable doubt that he knew before [the police told him] that [the firearm] was stolen, *** [the court] should find him not guilty of this offense.” Although at one point in closing argument, the prosecutor referenced the “reason to know” phrase in ORS 164.095(1), at no point did defense counsel do so. Rather, defense counsel’s arguments focused solely on either defendant’s knowledge or belief.

The trial court ultimately found defendant guilty. The court explained that it could not find defendant guilty on the basis of knowledge, but it found defendant guilty because defendant “had good reason to know” that the firearm was stolen. Thus, the trial court’s ruling tracked the wording of ORS 164.095(1).2

Specifically, in announcing its verdict, the trial court stated:

[759]*759“It is close but I cannot find that [defendant] knew in fact that the firearm was stolen at the time that he acquired it * * *. The question that I have to answer is whether, considering all of the facts, I’m convinced beyond a reasonable doubt that [defendant] had good reason to know that the property was the subject of a theft. I believe that that has been proven beyond a reasonable doubt. *** [I]f, on review, it is determined that I have made an error in my factual determination of what [defendant] had good reason to know at the time he acquired the firearm ***, I am also convinced beyond a reasonable doubt that at the time that he gets a call telling him that essentially this is the subject of an unreported theft of a soldier’s firearm * * * that at that point in time that again he has reason to know that he is in possession of an item that is stolen. In other words, the definition of theft by receiving.”

(Emphasis added.) The trial court thus found that, at two points, defendant had good reason to know that the firearm was stolen: when he received it and when he retained it after being told that it was stolen. The trial court subsequently entered a judgment of conviction for first-degree theft by receiving.

We begin with the issue of preservation, the state’s principal argument. The state contends that defendant did not preserve his argument that ORS 164.095 required the state to prove that he actually knew that the firearm was stolen. Defendant contends that he preserved his argument because, during his closing argument, he relied on the correct rule — actual knowledge or belief. Defendant argues that, by drawing the court’s attention to the correct rule, he preserved his argument. Given the circumstances in this case, we agree.

As a general rule, a party must first raise an issue in the trial court before challenging the trial court’s ruling concerning the issue on appeal. State v. Wyatt, 331 Or 335, 341, 15 P3d 22 (2000); see ORAP 5.45(1). Two major policies underlie the rule of preservation: judicial efficiency and fairness. See Peeples v. Lampert, 345 Or 209, 219-20, 191 P3d 637 (2008). The point, as the Supreme Court has explained, is “whether a party provides sufficient information to enable opposing parties to meet an objection and the trial court to [760]*760avoid error.” State v. Walker, 350 Or 540, 550, 258 P3d 1228 (2011).

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Cite This Page — Counsel Stack

Bluebook (online)
362 P.3d 728, 274 Or. App. 756, 2015 Ore. App. LEXIS 1302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-satterfield-orctapp-2015.