- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 03-26-2014
- Case #: A147619 (Control), A147620
- Judge(s)/Court Below: Wollheim, P.J. for the court; Nakamoto, J.; Schuman, S.J.
- Full Text Opinion
Albert Merrill Smith (Smith) was convicted of two counts of using a child in a display of sexually explicit conduct based on photographs of two girls. At trial, Smith moved for a judgment of acquittal, contending the state failed to prove he compelled a child to participate in sexually explicit conduct or displays of such conduct. Smith appealed the trial court’s denial of that motion, reprising his earlier arguments and advancing four assignments of error, arguing that evidence presented was sufficient to grant a judgment of acquittal. The Court held the trial court did not err in denying Smith’s motion. A factfinder could reasonably infer that, from photographs and other evidence submitted, Smith compelled a child to engage in sexually explicit conduct, and a jury could infer that the photographs were a lewd exhibition because Smith intended to stimulate sexual desire. Affirmed.