Submitted October 10, 2017
County Circuit Court 15CR24428 Leslie M. Roberts, Judge.
G. Lannet, Chief Defender, Criminal Appellate Section, and
Eric Johansen, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant. Timothy
Luther McNair fled the supplemental brief pro se.
F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Christopher Page, Assistant Attorney General,
fled the brief for respondent.
DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi,
appeals a judgment of conviction for burglary in the first
degree, coercion, and assault in the fourth degree, asserting
that the trial court erred in denying his motion for a
judgment of acquittal with respect to the burglary and
coercion counts. Defendant went to the victim's house
despite her objections, entered the house, and violently
assaulted her. He then told her that he had her phone so she
could not call the police and instructed her to sit on the
couch. When she later left the couch to find her phone,
defendant assaulted her again. Defendant argues that there
was insufficient evidence that he used a threat of violence
to coerce the victim to remain on the couch and not call the
police. Held: The trial court did not err in denying
defendant's motion because, viewing the evidence in the
light most favorable to the state, a reasonable juror could
find that defendant coerced the victim to stay on the couch
and refrain from calling the police through an implicit
threat of violence.
was convicted of one count of burglary in the first degree,
ORS 164.225, one count of coercion, ORS 163.275, and one
count of assault in the fourth degree, ORS 163.160, all
constituting domestic violence, in connection with an
incident involving his ex-girlfriend. At trial, defendant
moved for a judgment of acquittal on the burglary and
coercion counts. The trial court denied the motion, and
defendant assigns error to that ruling on appeal. We reject
defendant's argument, as to both counts, for the reasons
stated below. We also reject without written discussion
defendant's three pro se assignments of error.
Accordingly, we affirm.
review the trial court's denial of a motion for judgment
of acquittal to determine "whether, after viewing the
evidence in the light most favorable to the state, any
rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt."
State v. King, 307 Or. 332, 339, 768 P.2d 391
(1989); see also State v. Morsan. 361 Or. 47, 61,
388 P.3d 1085 (2017) (same). Here, applying that standard,
the facts are as follows.
and the victim were in an intimate relationship for over a
year. After they broke up, the victim obtained a restraining
order, and defendant moved out of her apartment. A few weeks
later, defendant and the victim spoke on the phone and
exchanged text messages in which defendant stated that he did
not have anywhere to stay and did not have any food or money.
Around 9:00 or 10:00 p.m. that night, the victim sent a text
message to defendant, saying, "Look, how about you-we
not do this. I said it's too late." Defendant texted
back, "Baby, I don't have anywhere to stay."
The victim told him again that "it's too late."
Nonetheless, around 1:00 a.m., defendant arrived at the
victim's apartment and knocked loudly on her locked front
door. The victim, who was still awake, opened the door and
saw defendant. Leaving the screen door closed, she asked him
what he was doing there. Defendant did not respond, but
rather opened the screen door himself and walked into the
apartment. The victim asked, "Well, are you just going
to walk in?" She did not try to physically stop him [290
Or. 57] because, at that point, he "didn't seem like
he was going to be aggressive."
the apartment, defendant began drinking from an open wine
bottle; the victim objected, but he ignored her. Thereafter,
defendant and the victim were sitting on the couch talking
when defendant took a "hard" therapeutic pillow and
repeatedly hit the victim in the head. The victim testified
that she did not know why defendant started hitting her with
the pillow, other than he was "always just
intimidating." The victim told defendant to stop and
that she was going to call the police. She asked him to
leave, but defendant refused, indicating that instead he
would go to sleep.
went into the bedroom and started making the bed. In the
bedroom, however, he found a pair of the victim's
underwear. He "got a little aggressive" and accused
her of being with someone else. When she denied it, he
"got a little more aggressive" and suddenly came
out of the bedroom toward her. He ripped off her shorts and
underwear, grabbed her, and tried repeatedly to twist her
around and bend her over the couch, as she cried and told ...