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STATE v. STOLZ

89-15240; CA A64816.

806 P.2d 715 (1991)

106 Or. App. 144

STATE of Oregon, Appellant, v. Gary STOLZ, Respondent.

Court of Appeals of Oregon.

Decided February 27, 1991.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Zack M. Lorts, Oregon City, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant was charged with resisting arrest. ORS 162.315. The state appeals from an order dismissing the charge on the ground of former jeopardy. We reverse.

On December 5, 1989, Deputy Sheriff Carpenter went to defendant's residence and served him with a restraining order that required him to leave the premises immediately. Defendant called the order "ridiculous" and tried to close the door, but Carpenter prevented him from doing so. Defendant...

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