State v. Miles

Defendant was convicted of first-degree sexual abuse, ORS 163.427, and second-degree criminal trespass, ORS 164.245. On appeal, he challenges his sexual abuse conviction, raising three assignments of error. We reject the third without discussion and write to address the first two. In his first assignment, defendant contends that the trial court erred when it denied his motion for a judgment of acquittal. He argues that the evidence was insufficient to support his sexual abuse conviction because the three-year-old victim was too young to have a subjective belief that her hips and legs were…