Oregon v. Shedrick
Annotate this CaseDefendant John Shedrick walked into a bar and sat at a video poker machine near the ATM the bar maintained for customers. The bar’s owner was about to refill the ATM and placed a bundle of currency on top of it. Within two or three seconds, while the owner turned around to greet a patron who had entered the bar, defendant took the bundle of money, placed it in his jacket pocket, and walked toward the door. A bar patron saw defendant take the bundle and stopped him before he could leave. Defendant was ultimately convicted of first-degree theft. As defined in ORS 164.055(1)(a), the offense requires the State to prove, among other things, that the “total value of the property” stolen in the transaction “is $1,000 or more.” The issue on review was whether proof of a culpable mental state concerning the “value of the property” element was required. The trial court and the Court of Appeals agreed with the state that none was required; Defendant argued the jury should have been instructed that the state had to prove his culpable mental state—at least criminal negligence—concerning the value of the money taken. The Oregon Supreme Court held that in order to prove first-degree theft, the state must prove the defendant’s culpable mental state with respect to the value of the property stolen and that the trial court erred in failing to give the requested instructions. However, the Court concluded the error was harmless and, therefore, affirmed the Court of Appeals' decision and the trial court’s judgment of conviction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.