State v. Baker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the trial court’s instructional error was not harmless where the defendant took an unspecified number of bags of potting soil and potted plants and there was no evidence that the price of the stolen items was either on the items or on their displays
• reversing a second-degree theft conviction after concluding that “we cannot be certain that the jury would have concluded that there was a substantial and unjustifiable risk that the property—which turned out to be worth about $165—would be worth more than $100”
• reversing a second-degree theft conviction after concluding that “we cannot be certain that the jury would have concluded that there was a substantial and unjustifiable risk that the property—which turned out to be worth about $165—would be worth more than $100”
• con- cluding that the error was not harmless because the evi- dence did not show how many bags of potting soil and potted plants were stolen or whether the items had price tags and that the value of those stolen items was not common knowl- edge
• con- cluding that the error was not harmless because the evi- dence did not show how many bags of potting soil and potted plants were stolen or whether the items had price tags and that the value of those stolen items was not common knowl- edge
• applying the Shedrick analysis to second-degree theft

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• State v. Kitzmiller
  Court of Appeals of Oregon· 2025-01-29· cited 2×
• State v. Cobat
  Court of Appeals of Oregon· 2025-05-21· cited 2×
• State v. Besson
  Court of Appeals of Oregon· 2024-05-08
• State v. Acosta
  Court of Appeals of Oregon· 2023-05-03

Cites

6 cases in this archive are cited by this case.

• State v. Davis
  Oregon Supreme Court· 2003-10-02· cited 666×
• State v. Chitwood
  Oregon Supreme Court· 2022-10-20· cited 196×
• State v. Owen
  Oregon Supreme Court· 2022-03-03· cited 115×
• State v. Payne
  Oregon Supreme Court· 2020-07-02· cited 72×
• State v. Shedrick
  Oregon Supreme Court· 2022-10-06· cited 38×
• State v. Prophet
  Court of Appeals of Oregon· 2022-03-16· cited 28×