State v. Fitzhugh

Defendant appeals his conviction for murder by abuse, ORS IfiS.lliXlXc).1 One of the charged elements of that crime is that the victim have been a “dependent person,” defined as “a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.” ORS 163.205(2)(b). At issue in this appeal is whether the victim had a “physical *** disability” as that term is used in ORS 163.205(2)(b). In the trial court, defendant stipulated to the following facts: he assaulted the victim (his girlfriend); the injuries that he inflicted…