State v. Schell

Defendant appeals from a judgment of conviction for three misdemeanors: attempted third-degree assault (Count 1), ORS 161.405 and ORS 163.165; second-degree criminal mischief (Count 3), ORS 164.354; and second-degree disorderly conduct (Count 6), ORS 166.025.1 On appeal, he challenges only his disorderly conduct conviction, assigning error to the trial court’s denial of his motion for judgment of acquittal on that charge.2

As relevant here, defendant was charged with second-degree disorderly conduct based on a 2:00 a.m. altercation with a taxi driver in which he yelled, kicked out the rear…