State v. Staniford

The physical injury element of fourth-degree assault constituting domestic violence can be met if there is an "impairment of the ordinary function of a body part." State v. Hart, 222 Or App 285, 291 (2009). Additionally, "relatively minimal movement" is sufficient to meet the asportation requirement. State v. Anderson, 329 Or App 754, 758 (2023).

Appellant appealed his convictions for fourth-degree assault constituting domestic violence and attempted second-degree kidnapping. In appellant's first three assignments of error, he challenged the trial court's denial of his motion for judgment of acquittal. Specifically, he argued that the state failed to present sufficient evidence to meet the "impairment of physical condition" standard for the physical injury element of assault, and for the asportation and intent elements of second degree kidnapping. The physical injury element of fourth-degree assault constituting domestic violence can be met if there is an "impairment of the ordinary function of a body part." State v. Hart, 222 Or App 285, 291 (2009). Additionally, "relatively minimal movement" is sufficient to meet the asportation requirement. State v. Anderson, 329 Or App 754, 758 (2023). The court determined that the fact that the victim was bleeding and had swelling was sufficient to meet the physical injury element. Similarly, the court found that there was sufficient evidence to show that appellant had intended to substantially interfere with the victim's liberty by wrapping his arms around the victim and pulling him back from the neighbor's gate to the yard. For appellant's final three assignments of error, the court accepted the state's concession that the trial court erred in imposing the PPS term that exceeded the statutory maximum. Remanded for resentencing; otherwise affirmed.