State v. Weilert

Given the state of the law at the time of defendant's trial, it would be unfair to hold that Defendant forfeited the opportunity to challenge venue prior to trial.

Defendant appealed the trial court's denial of his motion for judgment of acquittal. Defendant was charged with 28 counts of various sex offenses. At trial, defendant moved for judgment of acquittal on all counts arguing that the state had failed to prove that the offenses occurred in Wheeler County. During this appeal the Supreme Court decided that proper venue is not a material allegation that Article I, section 11, of the Oregon Constitution requires that the State prove beyond a reasonable doubt at trial. In light of that decision, Defendant contended that the Court must remand the case to the trial court in order to give him an opportunity to object to venue. The State argued that a remand would serve no purpose because the evidence clearly showed that the offense occurred in Wheeler County. The court held that given the state of the law at the time of Defendant's trial, it would be unfair to Defendant to hold that he forfeited the opportunity. Reversed and remanded.