- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 04-09-2014
- Case #: A149163
- Judge(s)/Court Below: Egan, J. for the court; Armstrong, P.J.; & Nakamoto, J.
- Full Text Opinion
Defendant appealed her conviction for criminal mistreatment in the first degree. Defendant assigned error to the trial court's dismissal of her motion for judgment of acquittal based on the state's lack of evidence to prove that her actions, in failing to provide medical care to her infant daughter after being attacked by her husband, amounted to a denial of "physical care or medical attention." The Court found that although Defendant, police, DHS, and physicians witnessed bruising on the child, that the presence of such bruising was not a condition warranting "necessary" medical attention under ORS 163.200. Furthermore, the Court held that, because medical attention was not necessary within the meaning of the statute, a rational factfinder could not find the state proved each element of the crime. Reversed.