State v. Hernandez
Case #: A144697
Ortega, P.J. for the Court; Edmonds, S.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144697.pdf
Evidence: The State need only present sufficient evidence from which a rational trier of fact could draw an inference that a charged crime had occurred.
Defendant appealed his jury conviction. Defendant argued that the State failed to offer evidence to corroborate his confession with regard to the conviction of the sexual abuse counts as required under ORS 136.425(1). At trial, Defendant confessed that he made sexual contact with a five year-old girl about 10 times, amounting to a conviction of five counts of sodomy in the first degree and five counts of sexual abuse in the first degree. The State offered information disclosed by the victim in a medical examination as corroborative evidence. In that examination the victim said that Defendant gave her “owies” in her private areas and had her “grind” her private areas on Defendant’s groin. The State admitted there was not a lot of corroborative evidence for the sexual abuse counts, but that it was enough to deny Defendant’s motion for acquittal. The trial court agreed with the State, and Defendant was convicted. Defendant appealed and the Court affirmed, holding that the State presented sufficient evidence for a jury to draw an inference that tended to corroborate that Defendant’s charged crimes had occurred. Affirmed.