State v. Savage

Defendant, convicted of child neglect in the second degree, ORS 163.545, and recklessly endangering another person, ORS 163.195, appeals, assigning error to the trial court’s denial of her motions for judgment of acquittal. We conclude that there is no evidence from which a rational juror could find beyond a reasonable doubt that defendant’s actions were likely to endanger her child and that, even if such a finding were possible, defendant’s conduct was not a gross deviation from the standard of care that a reasonable person would observe. See State v. Lotches, 331 Or 455, 498, 17 P3d 1045…