State v. Kreft

Defendant was charged with second-degree disorderly-conduct pursuant to ORS 166.025(l)(a) based on the allegation that he “did unlawfully and recklessly create a risk of public inconvenience, annoyance and alarm by engaging in violent, tumultuous and threatening behavior.” Following a trial to the court, defendant was convicted of that charge. On appeal, he challenges the trial court’s denial of his motion for judgment of acquittal, asserting that there was not legally sufficient evidence to support a conviction for second-degree disorderly conduct. As explained below, we agree with defendant…