State v. Eisenbeisz ( 2020 )

169
Argued and submitted November 12, reversed and remanded
December 23, 2020, petition for review denied April 8, 2021 (367 Or 827)
STATE OF OREGON,
Plaintiff-Respondent,
v.
RICHARD WAYNE EISENBEISZ,
Defendant-Appellant.
Washington County Circuit Court
18CR06306; A170277
478 P3d 607
Theodore E. Sims, Judge.
Stacy M. Du Clos, Deputy Public Defender, argued the
cause for appellant. Also on the brief was Ernest G. Lannet,
Chief Defender, Criminal Appellate Section, Office of Public
Defense Services.
Greg Rios, Assistant Attorney General, argued the cause
for respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
PER CURIAM
Reversed and remanded.
170 State v. Eisenbeisz
PER CURIAM
Defendant appeals from a judgment of conviction
for first-degree criminal mistreatment, ORS 163.205, for
withholding necessary and adequate care for his three-
month-old son, L. The conviction was based on events that
we described in State v. Prose, 308 Or App 167, 478 P3d
606(2020), a case decided this date involving his codefen-
dant, L’s mother. Defendant raises essentially the same
assignments of error that we addressed in Prose, and we
reach the same disposition as we did in that case. That is,
we reject his challenge to the sufficiency of the state’s proof
of the crime, but we reverse and remand on the ground that
the court erroneously admitted hearsay testimony about the
results of L’s urine test. Id.Reversed and remanded.