State v. Paragon

Defendants were convicted after a jury trial of two counts of criminal neglect in the second degree, ORS 163.545, a Class A misdemeanor. On appeal, they challenge one of the convictions, contending that the trial court erred in denying their motion for judgment of acquittal because the evidence was insufficient to establish the elements of the offense. We conclude that the evidence was insufficient and reverse the conviction.

Our standard for reviewing the denial of the motion for judgment of acquittal is whether, viewing the evidence in the light most favorable to the state, any rational…