State v. Nolen

A jury convicted defendant of criminal mistreatment in the first degree, ORS 163.205, and felony assault in the fourth degree, ORS 163.160(3), as the result of an altercation with his mother. On appeal, he challenges only the conviction for criminal mistreatment, arguing, among other things, that there is insufficient evidence to sustain it. We agree and therefore reverse that conviction.

We state the facts most favorably to the state, both because of the verdict in its favor and because of the issues that defendant raises on appeal. State v. Hall, 327 Or 568, 570, 966 P2d 208 (1998). At the…