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STATE v. MARKER

DVI121520; A151727.

329 P.3d 781 (2014)

263 Or. App. 669

STATE of Oregon, Plaintiff-Respondent, v. Daniel Ray MARKER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rebecca M. Auten , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

TOOKEY, J.

Defendant appeals a judgment of conviction for sexual abuse in the first degree, ORS 163.427, arguing that the trial court erred when it denied his motion for judgment of acquittal. A person commits sexual abuse in the first degree when that person "[s]ubjects another person to sexual contact and * * * [t]he victim is incapable of consent by reason of being * * * physically helpless[.]" ORS 163.427(1)(a)(C). A person is "physically helpless" if that person...

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