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STATE v. BAKER-KROFFT

06C53978; A135939.

216 P.3d 335 (2009)

230 Or. App. 517

STATE of Oregon, Plaintiff-Respondent, v. Nancy BAKER-KROFFT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Erica Herb, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Inge D. Wells, Senior 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 LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant was convicted of criminal mistreatment in the second degree for withholding necessary and adequate physical care from her 11-year-old son, based on the condition of her home. ORS 163.200. She appeals, arguing that the trial court should have granted her motion for a judgment of acquittal because the state failed to prove that her son was significantly likely to be seriously harmed by the conditions of the home. We affirm.

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