State v. Miller

"In order to establish that an individual ‘acquires’ a new residence, the state must prove that the person was ‘settled beyond just a transient visitor sojourn.’”  State v. LaFountain, 299 Or App 311, 327 (2019). 

Defendant appealed a conviction for one count of Failure to Report as a Sex Offender. Defendant assigned error to the trial court's denial of his motion for judgment of acquittal. On appeal, Defendant argued that the State failed to prove that Defendant had established a new residence as required under State v. Hiner, 269 Or App 447, 450 (2015). "In order to establish that an individual ‘acquires’ a new residence, the state must prove that the person was ‘settled beyond just a transient visitor sojourn.’”  State v. LaFountain, 299 Or App 311, 327 (2019). The Court found that the trial court erred by denying Defendant's motion for judgment of acquittal because the evidence within the trial court record was not sufficient enough to allow a rational factfinder to conclude that Defendant had a new residence within the meaning of ORS 163A.040(1)(D) and as interpreted by LaFountain. Reversed.