Oregon Appellate Ct - Aug 3, 2016

by: Sara Werboff • August 7, 2016 • no comments

Assault IV - Physical Injury - Sufficiency of Evidence - Per Curiam

Youth argued that no reasonable fact-finder would be able to conclude that he had caused “physical injury” to the victim, a required element of fourth-degree assault. The state conceded no physical injury but argued that youth was still properly within the jurisdiction of the juvenile court for attempted fourth-degree assault. The court reverses youth’s juvenile delinquency judgment for fourth-degree assault and remands with instructions to enter a delinquency judgment for attempted fourth-degree assault.

State v. M.S.T-L, 280 Or App 167 (2016) (per curiam)