State v. Warner

Defendant appeals his conviction for criminal mistreatment in the first degree. ORS 163.205(l)(b). We affirm.

In December, 1988, defendant brought his six-month old daughter to an emergency room, where she was found to have bruises on her back and abdomen and blood in all four retinal quadrants. Acute “Shaken Baby Syndrome” was diagnosed. At trial, there was evidence that, when the infant would not stop crying, defendant had violently shaken her and thrown her into her crib from a distance of some feet. He was convicted of violating ORS 163.205(l)(b):

“A person commits the crime'of criminal…