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State v. Noe

Citations

  • 256 P.3d 166
  • 242 Or. App. 530
  • 256 P.3d 14
  • 2011 Ore. App. LEXIS 646
  • 2011 WL 1662356

How courts have described this case

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

  • holding that guilty verdicts on PSV and UUV counts merge when the counts are based on the same conduct or criminal episode
  • recognizing that UUV requires proof of a “knowing” mental state, while possession of a stolen vehicle “requires only that defendant commit the theft ‘ha[ving] reason to believe that’ the vehicle was stolen”
  • holding that \convictions for conduct in a criminal episode that violates two or more statutory provisions merge if all of the elements in one provision are subsumed into the elements of the other provision\
  • “[Unauthorized use of a vehicle] requires proof of an element that [possession of a stolen vehicle] does not have: knowledge.”
  • guilty verdict for possession of a stolen vehicle merges with guilty verdict for unauthorized use of a vehicle
  • guilty verdict for possession of a stolen vehicle merges with guilty verdict for unauthorized use of a vehicle

Source: CourtListener parenthetical corpus (CC0).

Judges: Schuman, Wollheim, Nakamoto

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.