State v. Acosta

Under Shedrick, "the property-value element of theft carries, at a minimum, the culpable mental state of criminal negligence." State v. Shedrick, 370 Or 255 (2022). Further, "a jury instruction that omits an element of an offense constitutes a constitutional error." Neder v. United States, 527 US 1, 8 (1999).

This case was brought on remand for reconsideration in light of State v. Shedrick, 370 Or 255 (2022). Defendant was convicted of first-degree theft after allegedly stealing property in excess of $1,000. At trial, Defendant proposed a jury instruction that required the jury to find that Defendant was negligently unaware of the value of the stolen property to reach a guilty verdict. The court declined to give the instruction and Defendant waived the jury trial. Under Shedrick, "the property-value element of theft carries, at a minimum, the culpable mental state of criminal negligence." Shedrick, 370 Or at 269. Further, "a jury instruction that omits an element of an offense constitutes a constitutional error." Neder v. United States, 527 US 1, 8 (1999). The Court reasoned that because the trial court failed to provide an instruction on the culpable mental state which applied to the value of the property, the outcome of the case might have been different. REVERSED and REMANDED.