State v. Culbertson

Summary

The Oregon Court of Appeals affirmed Devan Michael Culbertson’s convictions for felony fourth-degree assault constituting domestic violence, menacing constituting domestic violence, and harassment. The court held that the evidence, including physical violence and verbal threats, was sufficient to support the menacing conviction. The court also declined to excuse preservation of the defendant’s challenge to per diem fees because he had an opportunity to review and object to the proposed judgment.

Holdings

1. The trial court did not err in denying defendant’s motion for judgment of acquittal because, viewed in the light most favorable to the state, defendant’s entire course of conduct—including physical violence and verbal threats—was sufficient to permit a rational factfinder to find an intentional attempt to place the victim in fear of imminent serious physical injury.
2. The court declined to excuse defendant’s failure to preserve his challenge to the per diem fees because defendant had an opportunity to review the proposed judgment and object to the fees before the judgment was finalized.

Questions Presented

1. Whether the evidence was sufficient to support the menacing conviction because defendant’s threats and conduct established an objectively reasonable fear of imminent serious physical injury.
2. Whether the court should excuse defendant’s failure to preserve his challenge to the per diem fees included in the judgment when the trial court provided a proposed judgment and invited objections during the sentencing hearing.

Disposition

affirmed