Defendant was convicted of second-degree theft, ORS 164.045 (Count 4), in addition to several drug-related offenses. He argues on appeal that the trial court erred in denying his motion for judgment of acquittal on the theft count. He raises no issues on appeal concerning the remaining convictions. The state concedes the error. As explained below, we agree and accept that concession.
An extended discussion of the facts would not benefit the bench, the bar, or the public. Defendant was in his car with his dog outside a store while two friends were inside the store. One of the friends shoplifted items then returned to defendants car, where he was immediately apprehended by police. The state theorized that defendant aided and abetted in the planning and commission of the theft. As the state now concedes, it adduced insufficient evidence to support that theory.
Conviction on Count 4 reversed; remanded for resentencing; otherwise affirmed.
PER CURIAM