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STATE v. OLIVE

091254415; A146922.

312 P.3d 588 (2013)

259 Or. App. 104

STATE of Oregon, Plaintiff-Respondent, v. Herbert Hoover OLIVE, Jr., aka Herbert Oliver, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 23, 2013.

Attorney(s) appearing for the Case

Neil Francis Byl , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Michael A. Casper , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

DUNCAN, J.

In this criminal case, defendant appeals a judgment convicting him of resisting arrest, ORS 162.315, and interfering with a peace officer, ORS 162.247. With respect to his resisting arrest conviction, defendant contends that, contrary to our holding in State v. Toelaer, 70 Or.App. 164, 688 P.2d 124 (1984), ORS 162.315 requires a person...

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