State v. Tellez-Suarez

A court will affirm the judgment below if it is determined that there was little likelihood that the error affected the verdict. State v. Owen, 369 Or 288 (2022).

Defendant was convicted of two counts of criminal mistreatment in the first degree and assault in the third degree for causing injuries to his seven-year-old son when he pushed him. On remand from the Oregon Supreme Court, the Court was tasked to reconsider Defendant’s assignment of error to the requisite culpable mental state. Defendant argued that the trial court plainly erred in omitting a culpable mental state for the element of resulting physical injury. A court will affirm the judgment below if it is determined that there was little likelihood that the error affected the verdict. State v. Owen, 369 Or 288 (2022). The Court determined that the error for Defendant’s sentencing was harmless because the jury found that Defendant’s conduct was “criminally negligent in failing to appreciate the risk of injury” and a “gross deviation from the standard of care of a reasonable person.” Because Defendant was aware that his conduct was assaultive and committed with enough force to injury his son, it is very unlikely that “Defendant was not at least negligent with respect to the risk of injury.”   Supplemental judgment reversed, otherwise affirmed.