State v. Williams

The state appeals an order granting defendant’s motion in arrest of judgment. ORS 136.500. Defendant was convicted by a jury for sexual abuse in the second degree on a complaint alleging that he had subjected the victim to sexual contact by “touching the buttocks, an intimate part of [the victim].” ORS 163.415.1 Before sentencing, defendant moved in arrest of judgment, arguing that the facts in the complaint did not constitute an offense. The court, on the basis of our decision in State v. Woodley, 88 Or App 493, 746 P2d 227 (1987), granted the motion.

While this appeal was pending, the…