226
Submitted February 11, affirmed March 9, 2022
STATE OF OREGON,
Plaintiff-Respondent,
v.
ERNESTO MASCORRO RAMIREZ,
Defendant-Appellant.
Washington County Circuit Court
19CR75029; A173769
Janelle F. Wipper, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Bruce A. Myers, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
Before James, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
PER CURIAM
Affirmed.
Cite as
318 Or App 226
(2022) 227
PER CURIAM
Defendant was convicted, among other counts, of
one count of unauthorized use of a vehicle, ORS 164.135,
and one count of possession of a stolen vehicle, ORS 819.300.
The trial court merged the verdicts on the two convictions,
and on appeal defendant argues that the trial court erred
in failing to grant his motion for judgment of acquittal as to
each. We affirm.
When reviewing a challenge to the sufficiency of
the evidence supporting a criminal conviction, we view the
evidence—including all reasonable inferences and credibility determinations that may be drawn from the evidence–in
the light most favorable to the state. State v. Cunningham,
(2016). Our task is not to decide
whether we believe a defendant is guilty beyond a reasonable doubt—our task is to determine whether any reasonable factfinder, on this record, viewing the evidence in the
light most favorable to the state, could conclude that defendant was guilty. Cunningham,
.
Having reviewed the record here, with the applicable standard of review in mind, the trial court did not err in
denying the motion for judgment of acquittal.
Affirmed.
