State v. McCants

Defendants Timothy McCants and Cynthia Walker, who were jointly tried, appeal, challenging their convictions on three counts each of first-degree criminal mistreatment, ORS 163.205(l)(a), which were based solely on conditions in defendants’ home. Each defendant contends on appeal that the state’s proof was legally insufficient to establish that he or she “intentionally or knowingly with[held] necessary and adequate * * * physical care,” ORS 163.205(l)(a), from any of defendants’ children. As explained below, we conclude that, viewing the evidence and reasonable attendant inferences in the…