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State v. Drown

Summarized by: 

Date Filed: 09-08-2011
Case #: A141333
Duncan, J. for the court; Schuman, P.J.; Brewer, C. J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A141333.htm

Criminal Law: For the purposes of ORS 163.205, a person is guilty of first-degree criminal mistreatment when the person withholds necessary physical care to a person who is dependent upon them.

Defendant appeals her 8 convictions of first-degree criminal mistreatment. Defendant and her husband engaged in physical abuse towards their 9 children. Defendant was charged and convicted of 14 counts of second-degree assault and 11 counts of first-degree criminal mistreatment. On appeal, the State objected to several of defendant’s motions because the State believed the issues had not been preserved for appeal. However, since defendant made motions for judgments of acquittal at the closing of the state’s case, the Court of Appeals found that the issues were preserved. For the purposes of ORS 163.205, a person is guilty of first-degree criminal mistreatment when the person withholds necessary physical care to a person who is dependent upon them. Under that definition, the Court affirmed Count 17 of the criminal mistreatment charge. The Court found that defendant should have been aware that one of the children’s vision problems needed to be corrected. For counts 18-25, the lack of routine physical or dental examinations did not constitute criminal mistreatment. Counts 18-25 reversed. Otherwise affirmed.