Oregon v. Morgan
Annotate this CaseDefendant’s boyfriend dropped off defendant and the couple’s child at a department store. Defendant entered the store and took clothing into a fitting room to try it on. Recognizing suspicious behavior, security officers began to monitor defendant’s actions and noticed that, after defendant had left the fitting room, two items of clothing were missing. Soon thereafter, the boyfriend returned to the store and held the child while defendant continued to try on clothing. Defendant left the fitting room a second time, and the security officers noted that two additional items were missing. Two officers and the store manager waited for defendant and the boyfriend to pass all points of sale and leave the store, and then followed them to the parking lot. Defendant would ultimately be arrested and convicted on shoplifting charges. In this case, the Supreme Court held that, to establish that defendant was “aided by another person actually present” and therefore was guilty of second-degree robbery under ORS 164.405(1)(b), the state was required to prove that the person who aided defendant acted with the intent to facilitate the robbery. Because the state proffered evidence from which a rational trier of fact could have reached that conclusion, the Court affirmed the trial court’s judgment.
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