State v. Makin

The decision of the Court of Appeals is affirmed in part and reversed in part. The judgment of the circuit court is affirmed in part and reversed in part, and the case is remanded to the circuit court for further proceedings.

KISTLER, J.

The question in this case is whether a reasonable trier of fact could find defendant guilty of first-degree child neglect for knowingly allowing his children to stay “[i]n a vehicle where controlled substances are being criminally delivered ***.” See ORS 163.547(l)(a)(A) (defining that offense). The evidence at trial showed that defendant’s three children were…