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STATE v. KURTZ

05FE0031; A132184.

228 P.3d 583 (2010)

233 Or. App. 573

STATE of Oregon, Plaintiff-Respondent, v. Thomas Everett KURTZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

SERCOMBE, P.J.

Defendant was driving a vehicle that was stopped by an Indian tribal police officer outside the boundaries of an Indian reservation, following a pursuit from within the reservation. He was charged with and convicted of the crimes of attempting to elude a "police officer" with a vehicle, ORS 811.540, and resisting arrest by a "peace officer," ORS 162.315. On appeal, defendant assigns error to the trial court's denial of his motion for judgment of acquittal...

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