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STATE v. HARRIS

091153540; A145171.

273 P.3d 277 (2012)

248 Or. App. 321

STATE of Oregon, Plaintiff-Respondent, v. Izelle Lamont HARRIS, aka Izelle L. Harris, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David O. Ferry , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jamie K. Contreras , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant appeals a judgment convicting him of attempting to assault a public safety officer, ORS 163.208, and interfering with a peace officer, ORS 162.247. He contends that the trial court erred when it refused to instruct the jury that passive resistance does not constitute interference with a peace officer under ORS 162.247.1 The state concedes that the trial court erred in "declining defendant's requested jury instruction...

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