State v. Simmons

379 P.3d 580, 279 Or. App. 756, 2016 Ore. App. LEXIS 951
CourtJackson County Circuit Court, Oregon
DecidedJuly 27, 2016
Docket101469FE; A151636
StatusPublished
Cited by8 cases

This text of 379 P.3d 580 (State v. Simmons) is published on Counsel Stack Legal Research, covering Jackson County Circuit Court, Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Simmons, 379 P.3d 580, 279 Or. App. 756, 2016 Ore. App. LEXIS 951 (Or. Super. Ct. 2016).

Opinions

EDMONDS, S. J.

Defendant appeals a judgment of conviction for the lesser included offense of first-degree manslaughter, ORS 163.118(l)(a), after a jury trial.1 On appeal, he assigns as error the denial of his motions for a judgment of acquittal. We affirm.

Defendant was indicted in 2010. The 15-year-old victim disappeared during the evening of November 6,1996, in rural Jackson County, after being last seen on that date with defendant at his trailer where he lived at the time. The remains of the victim’s body were found in April 2008, in a field approximately 80 feet from the trailer. Defendant was convicted on the basis of circumstantial evidence.

Defendant argues on appeal that the trial court erred in denying his motions because, in his view, the evidence was legally insufficient to submit the question of whether he caused the death of the victim to the jury. In response to defendant’s argument, the state first argues that defendant failed to preserve his claim of error on appeal, as ORAP 5.45(1) requires. In the state’s view, defendant’s motions for a judgment of acquittal in the trial court were too general in content to satisfy the requirement of that rule. The test under the rule is whether defendant provided to the trial court an explanation that was specific enough to ensure that the court could have identified the claim of error that defendant now identifies on appeal. State v. Wyatt, 331 Or 335, 343, 15 P3d 22 (2000).

After the state closed its case-in-chief, defendant moved for a judgment of acquittal, arguing as follows:

“[DEFENDANT]: The State has rested their case, at this time, the Defense would move for a judgment of acquittal on the basis there’s been insufficient evidence for the jury to be able to reach a verdict of guilty.
«‡‡‡‡‡
[758]*758“[THE STATE]: [T]his is a matter for the jury. The issues are to be viewed in the light most favorable to the State. If the Court wants me to make extensive argument I will, but — •
“THE COURT: No.
“ [THE STATE]: —it’s clearly a jury question.
“THE COURT: Yeah, I’m going to deny the motion. This is a matter for the jury. There are facts at issue and there is — viewing the case in the light most favorable to the State there is evidence to go to the jury.”

After defendant presented his case to the jury, he renewed his motion for a judgment of acquittal:

“[DEFENDANT]: “[A]t this time we would re-raise our motion for judgment of acquittal. The State does not have adequate evidence, even taken in the light most favorable to the State that any reasonable jury could find [defendant] guilty.
“THE COURT: All right. I believe viewing the evidence in the light most favorable there is adequate evidence to submit the case to the jury.
“So, I’m going to deny the motion for judgment of acquittal.”

The only contested element of the charge at trial was the allegation that defendant had caused the death of the victim. In that context, defendant’s motions put the trial court and the state on notice that he was contesting the legal sufficiency of the evidence regarding the issue of causation. Defense counsel’s statements regarding “insufficient” and the lack of “adequate” evidence could have had no other meaning to the trial court. It follows that defendant’s claim of error on appeal is adequately preserved under the rule.

We turn to the merits of defendant’s claim of error. Review in this case is governed by the standard of review that applies in a criminal case after a motion for judgment of acquittal is made and denied by a trial court. As such,

“the relevant question is whether, after viewing the evidence in the light most favorable to the state, any rational [759]*759trier of fact could have found the essential elements of the crime beyond a reasonable doubt.[2] It is not proper for [a reviewing court] to hold that there is a reasonable doubt because of conflicts in the evidence. After a verdict of guilty, such conflicts must be treated as if they had been decided in the state’s favor. After the conflicts have been so decided, [a reviewing court] must take such decided facts together with those facts about which there is no conflict and determine whether the inferences that may be drawn from them are sufficient to allow the jury to find defendant’s guilt beyond a reasonable doubt. [A reviewing court’s] decision is not whether [it] believe [s] defendant is guilty beyond a reasonable doubt, but whether the evidence is sufficient for a jury so to find.”

State v. King, 307 Or 332, 339, 768 P2d 391 (1989) (internal citations omitted).

Under the above rule, a trial court, when faced with a motion for a judgment of acquittal, must consider two categories of facts. The first category concerns facts that are in dispute. The above rule requires that the disputed facts be viewed in the light most favorable to the state for purposes of deciding the motion, and it entitles the state to any favorable, reasonable inferences that can be drawn from the facts viewed in that light. The second category concerns undisputed facts. In deciding a motion for a judgment of acquittal, a trial court must also consider all reasonable inferences of guilt and innocence arising from the undisputed facts. The final step of the analysis in deciding the motion is to inquire whether “any” rational juror could find a defendant guilty [760]*760of the essential elements of the crime beyond a reasonable doubt based on the consideration of facts and reasonable inferences arising from both categories of evidence.

Applying the above rule, we turn first to the undisputed facts and the disputed facts as viewed in the light most favorable to the state. On the evening of November 6, 1996, the victim’s family attended church services. The church was close enough to the family’s residence that the victim would walk to church when the weather permitted. The victim left her residence around 6:15 p.m. with the announced attention of meeting a girlfriend at the church. After the services ended, the victim’s mother waited for the victim in the church lobby. When the victim did not appear, the mother went to the family residence believing that the victim had walked home from church. When she arrived at her residence, the victim was not there. Shortly after 9:00 p.m., the mother called the church and asked that the church grounds be searched. When the victim was not found, law enforcement officials were notified of her disappearance around 11:00 p.m.

Defendant and his parents also lived within walking distance of the church. Defendant lived in a separate trailer on the premises from where his parents lived. The ensuing investigation ascertained that the victim never went to the church that night. Instead, she walked to defendant’s trailer between 6:45 and 7:00 p.m. The victim had made prior arrangements to meet her boyfriend at defendant’s trailer. However, the boyfriend decided not to go to defendant’s trailer to avoid trouble with his stepfather, without informing the victim.

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Cite This Page — Counsel Stack

Bluebook (online)
379 P.3d 580, 279 Or. App. 756, 2016 Ore. App. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simmons-orccjackson-2016.