State v. Montgomery

231 Argued and submitted December 22, 2020, reversed October 20, 2021 STATE OF OREGON, Plaintiff-Respondent, v. GENE RAE MONTGOMERY, Defendant-Appellant. Lincoln County Circuit Court 18CR39345; A170563

501 P3d 1089

Defendant appeals a judgment convicting him of second-degree child neglect, ORS 163.545, resulting from an incident in which he mistakenly left his girl- friend’s seven-year-old son, N, at a McDonald’s restaurant. In the first of two assignments of error, defendant challenges the trial court’s decision denying his motion for a judgment of acquittal and argues that the state failed to…