Oregon Appellate Ct - Aug 3, 2016
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Sara Werboff • August 7, 2016 • no comments
(Created page with "<summary hidden> * * * * * * </summary> '''Assault IV - Physical Injury - Sufficiency of Evidence - Per Curiam''' Youth argued that no reasonable fact-finder would be able...") |
|||
Line 5: | Line 5: | ||
* | * | ||
* | * | ||
− | * | + | *Assault IV - Physical Injury - Sufficiency of Evidence - Per Curiam |
</summary> | </summary> | ||
Revision as of 09:07, August 6, 2016
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)