STATE v. NELSON

CR051009; A133995.

198 P.3d 439 (2008)

224 Or. App. 398

STATE of Oregon, Plaintiff-Respondent, v. Danielle NELSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2008.


Attorney(s) appearing for the Case

Ryan T. O'Connor, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Karla H. Alderman, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Presiding Judge, and SCHUMAN, Judge, and RIGGS, Senior Judge.


SCHUMAN, J.

Defendant's two-and-one-half-year-old child wandered out of the apartment where defendant was staying, then walked across a large parking lot and a busy street into a grocery store. Defendant did not contact police until six hours had elapsed. She was subsequently convicted of recklessly endangering another person. On appeal, she argues that the state did not present sufficient evidence that she acted "recklessly," that is, that she was "aware of and consciously...

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