State v. Garibay

“A person commits the crime of unlawful use of a weapon (UUW) if the person ‘[a]ttempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapons.’” ORS 166.220(1)(a).

Defendant sought reversal and remand for resentencing of two cases. The consolidated cases contained four felony charges, including unlawful use of a weapon, aggravated by the use of a firearm, and a revocation of Defendant’s probation. Defendant argued that there was insufficient evidence at trial to demonstrate the connection between his possession and his intent to shoot the victim. The State argued that Defendant was standing by with a firearm and used the firearm while another person engaged in a fight. “A person commits the crime of unlawful use of a weapon (UUW) if the person ‘[a]ttempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapons.’” ORS 166.220(1)(a). The Court stated that actual use of the weapon is unnecessary for a conviction. Further, the State failed to prove that Defendant intended to use a dangerous or deadly weapon against a specified victim. ORS 166.220(1)(a). The State’s position is speculative at this point. The Court found that the trial court erred in denying the Defendant’s motion for judgment of acquittal and remanded for resentencing in both cases; otherwise affirmed.