State v. Hosley

In this appeal from a judgment of conviction for disorderly conduct based upon “[e]ngag[ing] * * * in threatening behavior” ORS 166.025 (l)(a), defendant assigns error to the trial court’s denial of his motion for judgment of acquittal. We agree that the evidence is legally insufficient to permit a finding that defendant engaged in the kind of physical act of aggression that this court has construed ORS 166.025(l)(a) to require. Accordingly, we reverse the judgment.

We describe the pertinent facts according to our standard of review, which requires us to draw all reasonable inferences in favor…