FILED: February 3, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

MARCI LORENE DAVIS,

Defendant-Appellant.

Lincoln County Circuit Court
064367
A138369

Charles P. Littlehales, Judge.

Submitted on August 27, 2009.

Peter Gartlan, Chief Defender, and Meredith Allen, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent.

Before Schuman, Presiding Judge, and Brewer, Chief Judge, and Riggs, Senior Judge.

PER CURIAM

Affirmed.

PER CURIAM

Defendant was convicted of manufacturing methamphetamine, ORS 475.886; possession of methamphetamine, ORS 475.894; theft in the first degree, ORS 164.055; and theft in the second degree, ORS 164.045. 

On appeal, defendant argues that the state was required to prove that defendant had a culpable mental state with respect to the pertinent elements of the theft charges.  More specifically, defendant argues that the state was required to prove that defendant actually knew the value of the stolen merchandise was at least the requisite amount required by the statues:  $200 for theft in the first degree, ORS 164.055(1)(a), and $50 for theft in the second degree, ORS 164.045(1)(b). 

The state responds that we explicitly rejected defendant's interpretation of the theft statutes in State v. Jones, 223 Or App 611, 196 P3d 97 (2008), rev den, 345 Or 618 (2009).  The state is correct, and we therefore affirm.

Affirmed. 


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