State v. Caldwell

Defendant appeals a judgment of conviction, following a bench trial, for two counts of contempt for violating a restraining order issued pursuant to the Family Abuse Prevention Act, ORS 107.700 to 107.735. On appeal, he contends that the trial court erred in denying his motion for judgment of acquittal (MJOA) as to one of those counts. For the reasons stated below, we reverse.

Viewed most favorably to the state, State v. Burgess, 240 Or App 641, 643, 251 P3d 765, rev allowed, 351 Or 318 (2011), the record discloses the following facts. At trial, Officer Olmos testified that, in March 2010, he…