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STATE v. RADER

(CC 05C48687; CA A132153; SC S056821).

228 P.3d 552 (2010)

348 Or. 81

STATE of Oregon, Petitioner on Review, v. Matthew Abram RADER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Jamie K. Contreras, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Zachary Lovett Mazer, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

KISTLER, J.

Ordinarily, fourth-degree assault is a misdemeanor. ORS 163.160(2). It becomes a Class C felony, however, when the victim's minor child "see[s]" or "directly perceive[s]" the assault. ORS 163.160(3)(c); ORS 163.160(4).1 Those statutes give rise to two questions in this case. The first is what the phrase "directly perceive[s]" means. The second is whether the evidence was sufficient to permit a reasonable trier of fact to find...

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