State v. Campbell, 337 P.3d 186

Defendant convicted after a bench trial of multiple offenses arising from incidents with his girlfriend, the victim.
Defendant appeals challenging witness tampering and second-degree domestic-violence assault, plus sentence.
For witness tampering, defendant allegedly induced the victim to be absent from an official proceeding; the victim was not shown to have been summoned for a grand jury.
The trial court and defense counsel discussed a general judgment of acquittal motion, but the record shows no specific theory preserving insufficiency on witness tampering.
The court found preservation deficient and declined to correct plain error without timely preservation; it noted the state could have remedied the error if raised.
As to second-degree assault, the record shows defendant pressed a lit cigarette against the victim’s cheek, producing a scar and blister months later; issue concerns whether this could constitute a dangerous weapon causing serious injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation and plain-error review for witness tampering	Duncan	Duncan contends the evidence was insufficient	No preservation; not plain error to correct
Sufficiency of evidence for second-degree assault as domestic violence	Duncan	Duncan argues no substantial risk of serious injury	No plain error; record supports verdict under Glazier standard

State v. Barboe, 253 Or App 367 (2012) (evidence review when convicting on appeal; standard on preserved issues)
State v. Pervish, 202 Or App 442 (2005) (tampering requires post-subpoena proof; reversal/flat error context)
State v. Reynolds, 250 Or App 516 (2012) (exercise discretion to correct unpreserved error in limited circumstances)
State v. Paragon, 195 Or App 265 (2004) (motion for judgment of acquittal must state specific theory)
State v. Schodrow, 187 Or App 224 (2003) (general motion preserves no theory of insufficiency)
State v. Hitz, 307 Or 183 (1988) (preservation to ensure fairness and response opportunity)
Ailes v. Portland Meadows, Inc., 312 Or 376 (1991) (ends of justice and preservation in unpreserved error)