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STATE v. McNALLY

CC 111152528 CA A150977 SC S063644.

392 P.3d 721 (2017)

361 Or. 314

STATE of Oregon, Respondent on Review, v. Sean Michael McNALLY, Petitioner on Review.

Supreme Court of Oregon.

April 20, 2017.

Attorney(s) appearing for the Case

Andrew D. Robinson , Deputy Public Defender, Salem, argued the cause and filed the briefs for the petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Jamie K. Contreras , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, and Flynn, Justices, and Baldwin, Senior Justice pro tempore.

After defendant refused to comply with a police officer's order to leave a bus station, the officer arrested him and charged him with, among other things, the misdemeanor offense of interfering with a peace officer. ORS 162.247(1)(b). At defendant's subsequent trial, defendant asked the trial court to instruct the jury that it should...

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