State v. Harbert

Defendant appeals a judgment of conviction for recklessly endangering another person. ORS 163.195. He assigns error to the trial court’s denial of his motion for judgment of acquittal based on the insufficiency of the evidence. We affirm.

We state the facts in the light most favorable to the state and review those facts to determine whether a rational trier of fact could have found defendant guilty beyond a reasonable doubt. State v. Cunningham, 320 Or 47, 63, 880 P2d 431 (1994), cert den 514 US 1005 (1995).

On a Friday night, at 10:00 p.m., defendant sat on a stool next to a work bench in his…