State v. Nix

The state appeals from a judgment merging guilty verdicts against defendant that the jury rendered on 20 counts of second-degree animal neglect, ORS 167.325, into a single conviction under ORS 161.067(2)1 The trial court concluded that defendant’s repeated violations of ORS 167.325 did not involve “two or more victims” because animals are not victims under ORS 161.067(2). Accordingly, this case presents the question of whether an animal described in ORS 167.325 is a victim for purposes of ORS 167.067(2). We conclude that it is. Accordingly, there are as many victims as there are violations of…