State v. Schwarz

Defendant was convicted of one count of criminal mistreatment in the first degree, ORS 163.205, after she brought her elderly husband to the courthouse when she appeared for sentencing on a probation violation and then left him there. Defendant sought a judgment of acquittal, asserting that the state had failed to establish that she "deserted" her husband with the intent to "abandon" him because there was no evidence that she intended to forsake him permanently. The trial court denied the motion, and defendant appeals. We affirm.