Full Opinion

No. 1068 November 4, 2026 433 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. JENNIFER MARIE NORLAND, aka Jennifer Marie Lindsey, Defendant-Appellant. Grant County Circuit Court 25CR10842; A187817 Robert S. Raschio, Judge. Submitted September 11, 2026. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Peter G. Klym, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Paul L. Smith, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Chief Judge, and Egan, Judge.* LAGESEN, C. J. Reversed. ______________ * Determined by a two-judge department as authorized by ORS 2.570(2)(b). 434 State v. Norland LAGESEN, C. J. Defendant appeals a judgment of conviction for one count of perjury, ORS 162.065. In her only assignment of error, she contends that “[t]he trial court erred when it denied defendant’s motion for judgment of acquittal.” We reverse. Defendant was convicted after a bench trial based on the trial court’s conclusion that her in-court statement that she had an MRI scheduled for the next day was an “unsworn declaration” within the meaning of ORS 162.065. See ORS 162.065(1) (“A person commits the crime of per- jury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, know- ing it to be false.”). That was error because, as the state concedes on appeal, defendant’s statement concerning the MRI was not “made under penalty of perjury and was not signed” and, therefore, it was not an “unsworn declaration” within the meaning of ORS 162.065(1). See ORS 194.805(7) (“ ‘Unsworn declaration’ means a declaration in a signed record that is not given under oath, but is given under pen- alty of perjury.”); ORS 162.055 (providing that “unsworn declaration” in ORS 162.065 “has the meaning given that term in ORS 194.805”). We agree with and accept the state’s concession, and we reverse. Reversed.