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State v. Hodges

Court of Appeals of Oregon

March 11, 2015

STATE OF OREGON, Plaintiff-Respondent,
v.
KEITH SCOTT HODGES, Defendant-Appellant

Argued and Submitted September 30, 2014

Page 517

Curry County Circuit Court 12CR0579. Jesse C. Margolis, Judge.

Affirmed.

David O. Ferry, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Services.

Michael S. Shin, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

OPINION

Page 518

[269 Or.App. 570] DEVORE, J.

Defendant appeals a judgment of conviction for attempting to elude a police officer, ORS 811.540(1)(b)(A), unlawful possession of methamphetamine, ORS 475.894, three counts of identity theft, ORS 165.800, and third-degree theft by receiving, ORS 164.095; ORS 164.043. We reject without further discussion defendant's first assignment of error, regarding the trial court's order that defendant wear a stun belt beneath his clothing during trial. In his second, third, and fourth assignments, defendant contends that the trial court erred in denying his motion for a judgment of acquittal on the three counts of identity theft. He contends that the state did not establish his intent to deceive or defraud. In his final assignment, defendant asks this court to review, as plain error, the trial court's entry of a judgment of conviction for theft by receiving, arguing that the conviction is unsupported by evidence in the record. For the reasons that follow, we affirm.

The facts are undisputed. While defendant was driving a stolen car from California, Officer Freeman attempted to pull him over for failure to signal. The encounter escalated into a high-speed chase on Highway 101. During the chase, defendant " took out a bank of mailboxes, kind of vaulted up over a berm, and at that point, the passenger side door came open," and the passenger dove out of the car. Freeman stopped for the passenger and lost pursuit of defendant. A short while later, other officers discovered the car in an embankment further up the road from where the passenger had leapt out. Defendant was nowhere to be found. Officers told nearby businesses that they were searching for a suspect on foot in the area. A drug dog sniffed the outside of the car and alerted, indicating the presence of drugs.

During a search of the car, officers found a variety of evidence, including a methamphetamine pipe and residue, birth certificates with the surnames Isbaldo and Isbaldo, Jr., credit cards bearing the surname Ortiz, Social Security cards with the surnames Pablo and Dos, and several personal documents belonging to Long and to her two children, aged four and six. Those documents included Long's Social Security card, real estate license, passport, a copy of [269 Or.App. 571] her birth certificate, both children's birth certificates and Social Security cards, IRS documents, and check receipts. The police also found a drugstore.com package containing baby-related products, addressed to " Mavris" in Crescent City, California. Some papers and a cellular phone belonging to defendant were also discovered in the car.

Early the next morning, and about one-half-mile from the car, staff at the Whaleshead Resort found defendant asleep in a company linen van. They notified the police, who then arrested him. Defendant was charged with a number of offenses, including three counts of identity theft relating to the Long family's documents, and theft by receiving relating to possession of the drugstore.com box addressed to Mavris.

At trial, Long testified that her home in Fresno, California had been burglarized earlier that year and that the burglar had made away with a safe containing all of the family's documents that were recovered in the car. Long had filed a police report concerning the burglary. She did not know ...


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