STATE v. WRIGHT

071270; A142417.

290 P.3d 824 (2012)

253 Or. App. 401

STATE of Oregon, Plaintiff-Respondent, v. Samantha Irene WRIGHT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2012.


Attorney(s) appearing for the Case

Stephanie J. Hortsch , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jennifer Lloyd , Attorney-in-Charge, Criminal Appeals, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Shannon T. Reel , Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


NAKAMOTO, J.

In this criminal appeal, defendant challenges her conviction for first-degree criminal mistreatment, ORS 163.205, for spanking a 16-month-old child and leaving a bruise on the child's buttock. Defendant assigns error to the trial court's denial of her motion for a judgment of acquittal, arguing that there was no proof that she caused "physical injury" to the victim, an element of first-degree criminal mistreatment. Because we agree with defendant, we...

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