Date: 09-18-2024

Case Style:

State of Oregon v. Cristal Garcia Martinez

Case Number: 21CR02819

Judge: Thomas M. Hart

Court: Circuit Court, Marion County, Oregon

Plaintiff's Attorney: Marion County Oregon District Attorney's Office

Defendant's Attorney:

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Description:

Salem, Oregon unauthorized use of a vehicle criminal defense lawyer represented the Defendant.

Defendant appeals a judgment convicting her of three crimes: unauthorized use of a vehicle, ORS 164.135; second-degree criminal mischief, ORS 164.354; and possession of a burglary tool, ORS 164.235. In a single assignment of error, she seeks the reversal of those convictions, arguing that the trial court plainly erred when it "allowed the state to argue in closing, 'We've never seen Patrick, never heard from Patrick.'" Defendant argues that the statement was improper and that it deprived her of a fair trial. We conclude that defendant was not deprived of a fair trial, and therefore, we affirm.[1]

Defendant was seen sitting in a car that was not hers, along with her dog, with the engine running and the headlights on. When approached by a law enforcement officer, she told him that her friend Patrick had given her permission to be in the car. The officer stayed at the scene for about two hours, but Patrick did not appear. Defendant told the officer that she started the car in order to stay warm. She used a screwdriver to do so. The officer observed damage to the car, including exposed wiring under the steering column. Defendant had a screwdriver, a utility knife, and multiple sets of keys, including shaved keys, in her pocket.

Outcome: Affirmed.

State v. Martinez, 335 Or.App. 103, A179436, A179437 (Or. App. Sep 18, 2024)

Plaintiff's Experts:

Defendant's Experts:

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