STATE v. ANDERSON

A161350.

429 P.3d 742 (2018)

293 Or.App. 697

STATE of Oregon, Plaintiff-Respondent, v. James Lee ANDERSON, aka James Leerobert Anderson, Defendant-Appellant.

Court of Appeals of Oregon.

September 6, 2018.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Christopher Page , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.


Defendant appeals a judgment of conviction for resisting arrest, ORS 162.315, assigning error to the trial court's denial of his motion for a judgment of acquittal (MJOA). Defendant argues that the state failed to prove two elements of resisting arrest: (1) that defendant's conduct created a "substantial risk of physical injury to any...

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