State v. Hackett

Testimony that outlines the severe nature of a person's kicking an animal and throwing rocks at the animal is alone sufficient to support a reasonable inference that the animal experienced pain that was more than fleeting or momentary. State v. Colpo, 305 Or. App. 690, 695, 472 P.3d 277, rev. den., 367 Or. 290, 476 P.3d 1255 (2020).

Defendant appealed a judgment of conviction for second-degree animal abuse. Defendant assigned error to the trial court's denial of his motion for judgement of acquittal (MJOA). Defendant contended that the trial court erred in denying his MJOA because there was insufficient evidence that the animal experienced a significant duration of pain. The State responded by arguing that testimony from two witnesses stating that the animal yelped for quite a while as if it had been "hit by a car" satisfied the significant duration requirement. Testimony that outlines the severe nature of a person's kicking an animal and throwing rocks at the animal is alone sufficient to support a reasonable inference that the animal experienced pain that was more than fleeting or momentary. State v. Colpo, 305 Or. App. 690, 695, 472 P.3d 277, rev. den., 367 Or. 290, 476 P.3d 1255 (2020). The Court held that the testimony by the two witnesses established that the animal experience substantial pain that was more than fleeting or momentary. Reversed and remanded for entry of judgement omitting the "due in 30 days" requirement; otherwise affirmed.