Preview:

FILED: May 2, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of J. L. C., a Youth. STATE OF OREGON, Petitioner-Respondent, v. J. L. C., Appellant. Petition Number 08JD483 Linn County Circuit Court J040068 A142575

Carl H. Brumund, Judge. Argued and submitted on August 06, 2010. Christa Obold-Eshleman argued the cause and filed the brief for appellant. Harry B. Wilson, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General. Before Brewer, Presiding Judge, and Haselton, Chief Judge, and Duncan, Judge.* BREWER, P. J. Affirmed. *Brewer, P. J., vice Armstrong, J.

1 2 3 4 5 6 7 8 9 10 11 12 13 14

BREWER, P. J. In this juvenile delinquency proceeding, youth appeals from a judgment finding her within the jurisdiction of the juvenile court based on conduct that, if committed by an adult, would constitute the crime of harassment, ORS 166.065.1 Youth argues that the juvenile court's determination that she had committed harassment when she pushed her mother was erroneous because the state had failed to establish the culpable mental state required by ORS 166.065, namely, that youth had intended to harass or annoy mother. Youth argues that she pushed mother in order to escape physical punishment and, thus, did not act with the requisite culpable mental state. In the alternative, youth argues that evidence of her intent to escape punishment could not, as a matter of law, establish that she intended to harass or annoy mother.2 Our review is governed by ORS 19.415(3)(b),3 which provides that "the Court of Appeals, acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record." Youth has not requested de
1

As pertinent here, ORS 166.065 provides: "(1) A person commits the crime of harassment if the person intentionally: "(a) Harasses or annoys another person by: "(A) Subjecting such other person to offensive physical contact[.]"

2

We reject youth's second assignment of error without discussion.

3

The notice of appeal in this case was filed after the effective date of the 2009 amendments to ORS 19.415(3). Or Laws 2009, ch 231,

Download A142575.pdf

Oregon Law