State v. Burciaga

While she traveled out of town on several occasions, defendant left her two young children, J and N, with her boyfriend, Ros, knowing that he had previously abused the older child, J. On one of those occasions, Ros broke J’s arm, collar bone, and shoulder blade. On another, he abused N, causing injuries that led to her death.

Defendant was charged with and convicted of three counts of criminal mistreatment in the first degree, which is defined by ORS 163.205. That statute provides that “[a] person commits the crime of criminal mistreatment in the first degree if *** [t]he person, in violation…