Legal Opinion

State v. Derry

Court of Appeals of Oregon

Decided July 13, 2005No. 03C-40466; A122450PublishedCited by 8 opinions

1Opinion of the CourtOrtega, J.

Defendant appeals from a conviction for fourth-degree assault, assigning error to the trial court’s denial of his motion for a judgment of acquittal. We review to determine whether a rational trier of fact could have found the elements of the crime beyond a reasonable doubt, State v. Paragon, 195 Or App 265, 267, 97 P3d 691 (2004), and affirm.

In reviewing the denial of a motion for a judgment of acquittal, “[w]e view the evidence in the light most favorable to the state, accepting reasonable inferences and reasonable credibility choices that the factfinder could have made.” State v. Presley,…

2Cases cited3 opinions

  1. State v. PineOregon Supreme Court · 2003
  2. State v. ParagonCourt of Appeals of Oregon · 2004
  3. State v. MillerCourt of Appeals of Oregon · 2004

3Cited by8 opinions

  1. State v. WhiteCourt of Appeals of Oregon · 2007
  2. State v. MadisonCourt of Appeals of Oregon · 2020
  3. State ex rel. Juvenile Department v. K. C. W. R.Court of Appeals of Oregon · 2010
  4. State v. Alcon-AyalaCourt of Appeals of Oregon · 2025
  5. State v. DickeyCourt of Appeals of Oregon · 2021

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