State v. Lewis

Defendant appeals a judgment of conviction for felony assault in the fourth degree, ORS 163.160 (Count 1); coercion, ORS 163.275 (Count 3); and two counts of harassment, ORS 166.065 (Counts 4 and 5).1 He seeks reversal of' his conviction for assault in the fourth degree, assigning error to the trial court’s denial of his motion for judgment of acquittal. We conclude that the state failed to present sufficient evidence that the victim in this case suffered “physical injury,” as required by ORS 163.160(l)(a).2 Accordingly, we reverse as to Count 1, remand for resentencing, and otherwise affirm.

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