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STATE v. DOWTY

Nos. 06C53814, 06C53823, A135936 (Control), A135938.

216 P.3d 911 (2009)

230 Or. App. 604

STATE of Oregon, Plaintiff-Respondent, v. Elizabeth DOWTY, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Steven Wayne Dowty, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 9, 2009.

Attorney(s) appearing for the Case

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

M. Ann Boss, 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.

In this consolidated criminal appeal, defendants are spouses who were each convicted under ORS 163.205 of two counts of first-degree criminal mistreatment (one for each of their two young children) based on the condition of their home. The issue in this case is whether the evidence is sufficient to demonstrate that defendants knowingly withheld "necessary and adequate physical care" from their children. We reverse.

Unless noted otherwise, the...

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