State v. Engle

A jury found defendant guilty of a number of crimes, including assault in the second degree, ORS 163.175, which is the only conviction that defendant challenges on appeal. During defendant’s trial, the state called a witness to the charged assault. The witness was unable to identify anyone in the courtroom, including defendant, as the person who had committed the assault. The state then showed the witness a photograph of defendant’s face. A small portion of the collar of defendant’s jail-issued shirt and sweatshirt were also visible in the photograph. The witness identified the person in the…