State v. Delaportilla

Defendant was convicted of one count of first-degree assault, ORS 163.185 (Count 1), one count of second-degree assault, ORS 163.175 (Count 2), two counts of third-degree assault, ORS 163.165 (Counts 3 and 5), and one count of strangulation, ORS 163.187 (Count 11). On appeal, defendant argued that the trial court erred in denying his motions for judgment of acquittal on Counts 1, 2, 3, and 5. This court concluded that the trial court erred in denying defendant’s motion for judgment of acquittal with respect to Count 2, which alleged the crime of second-degree assault. Specifically, we…