State v. Nguyen

Defendant, who was convicted of two counts of violating a stalking protective order (SPO), ORS 163.750, 1 challenges the trial court’s denial of his motion for a judgment of acquittal. For the reasons explained below, we agree and reverse.

Because the jury found defendant guilty, we state the facts in the light most favorable to the state. State v. Gibson, 338 Or 560, 562, 113 P3d 423, cert den, 546 US 1044 (2005). The victim in this case sought and obtained an SPO that prohibited defendant from having any contact with the victim, including sending written or electronic messages. Despite that…