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STATE v. PIERCE

05C55379; A135370.

203 P.3d 290 (2009)

226 Or. App. 224

STATE of Oregon, Plaintiff-Respondent, v. Erik Lee PIERCE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Stephanie Hortsch, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and BARRON, Judge pro tempore.

BARRON, J. pro tempore.

Defendant was convicted of assaulting a public safety officer, ORS 163.208, and resisting arrest, ORS 162.315. He appeals only his conviction for resisting arrest, asserting that the trial court erred in denying his motion for judgment of acquittal, which was based on his contention that, at the time of his resistance, he was not under arrest. Neither the facts nor the law are in dispute, but the application of the law to the facts is. Our...

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