STATE of Oregon, Respondent,
v.
Joseph Nathan LONERGAN, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 27, 2006.
Decided December 27, 2006.
Attorney(s) appearing for the Case
John Susac, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services.
Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Bethany Cunningham, Assistant Attorney General.
Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.
Court of Appeals of Oregon.
HASELTON, P.J.
Defendant appeals from a judgment of conviction for escape in the second degree.1 ORS 162.155(1)(a). He assigns error to the denial of his motion for judgment of acquittal (MJOA). As explained below, it is undisputed that, after escaping from the custody of an arresting officer, defendant used physical force to prevent recapture. He argues that that fact is insufficient, as a matter of law, to prove that he "use[d] physical...
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