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STATE v. BOLDEN

DA 390926; CA A62092.

801 P.2d 863 (1990)

104 Or.App. 356

STATE of Oregon, Respondent, v. Lee Jerome BOLDEN, Appellant.

Court of Appeals of Oregon.

Decided November 21, 1990.

Reconsideration Denied January 16, 1991.

Attorney(s) appearing for the Case

Louis Miles, Portland, argued the cause for appellant. On the brief were Sally L. Avera, Public Defender, and Glenn N. Solomon, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DeMUNIZ, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for resisting arrest,1 former ORS 162.315, contending that the trial court erred in denying his motion for judgment of acquittal. The single issue presented is whether "resisting arrest" may include resistance that occurs while an officer is bringing a defendant in for booking, or whether an arrest is such a discrete event that the resistance must occur at the precise moment one is...

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