State v. Guzman

NAKAMOTO, J. pro tempore

Defendant appeals from a judgment of conviction for one count of fourth-degree assault constituting domestic violence. ORS 163.160; ORS 132.586(2).1 He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA) based on sufficiency of the evidence to prove that he caused the victim “substantial pain” and, therefore, “physical injury,” as required for conviction under ORS 163.160(l)(a).2 Defendant argues that the jury heard no direct evidence of the degree and duration of the victim’s pain and that no rational juror could infer substantial…