State v. Burciaga

In our decision in State v. Burciaga, 263 Or App 440, 328 P3d 782 (2014), we concluded that the trial court correctly denied defendant’s motion for judgment of acquittal on two counts of criminal mistreatment in the first degree, ORS 163.205. As explained in our previous opinion, defendant left her two young children alone with her boyfriend, Ros, while she went out of town on several occasions, knowing that Ros had abused her older child, J. On one of those occasions, J was seriously injured, and, on a subsequent occasion, the younger child, N, was killed. We rejected defendant’s argument…