State v. West

In seeking reversal of her conviction for custodial interference in the first degree, ORS 163.257, defendant assigns as error the trial court’s denial of her motion for judgment of acquittal. The thrust of her appeal is that, because she was a joint custodial parent of the child, it would be a “legal impossibility” for her to be found guilty of the specific charge. We disagree and affirm.

Defendant and her former husband, Larry West, were divorced on November 3,1982. The decree awarded them joint custody of their two-year-old daughter. In addition, Mr. West was awarded physical custody of the…