State v. Breshears

Summary

The Oregon Court of Appeals affirmed Daniel Lowell Breshears's convictions for attempted first-degree sexual abuse, endangering the welfare of a minor, and public indecency. The court held that the evidence, including surveillance footage, testimony, and a prior conviction, was legally sufficient for a reasonable factfinder to conclude that defendant intended to induce the child to touch his penis and took a substantial step toward doing so.

Holdings

1. The evidence was legally sufficient for a reasonable trier of fact to find that defendant intended to induce the child to touch his penis and took a substantial step toward achieving that objective. The trial court therefore correctly denied defendant's motion for judgment of acquittal.
2. The amended judgment mooted defendant's remaining three assignments of error.

Questions Presented

1. Whether the evidence was legally sufficient for a reasonable trier of fact to find that defendant intended to cause the child to touch his penis and took a substantial step toward doing so, as required for attempted first-degree sexual abuse.
2. Whether the amended judgment mooted defendant's remaining three assignments of error.

Disposition

affirmed