State v. Sanchez

Evidence depicting that Defendant struck the victim, who was an 86-year-old woman, with an open fist and caused "significant, dark-colored bruising" that remained for at least two and a half weeks was sufficient to support a reasonable inference that the victim suffered substantial pain. State v. Miller, 311 Or App 680, 684 (2021).

Defendant appealed a conviction for one count of fourth-degree assault. Defendant assigned error to the trial court's denial of his motion for judgment of acquittal and argued that there was insufficient evidence to prove that the victim endured "substantial pain." Further, Defendant argued that the State offered no "direct evidence" that the victim suffered substantial pain and rather offered evidence of bruising "occasioned by one slap during an isolated feeding period." In response, the State argued that the evidence was sufficient to permit a jury's reasonable inference that the victim suffered substantial pain. Evidence depicting that Defendant struck the victim, who was an 86-year-old woman, with an open fist and caused "significant, dark-colored bruising" that remained for at least two and a half weeks was sufficient to support a reasonable inference that the victim suffered substantial pain. State v. Miller, 311 Or App 680, 684 (2021). The Court held that the trial court did not err in denying Defendant's motion because the evidence would support a reasonable inference that the victim endured substantial pain. Affirmed.