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STATE v. SWARTZ

A167696.

460 P.3d 124 (2020)

302 Or. App. 93

STATE of Oregon, Plaintiff-Respondent, v. Dennis Ray SWARTZ, Defendant-Appellant.

Court of Appeals of Oregon.

January 29, 2020.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Anna Belais , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jonathan N. Schildt , Assistant Attorney General, filed the brief for respondent.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.

Defendant was convicted of one count of interfering with a peace officer (IPO), ORS 162.247. On appeal, he argues that the trial court plainly erred in finding him guilty and convicting him, because his conduct constituted "passive resistance" under ORS 162.247(3)(b), as interpreted in State v. McNally, 361 Or. 314...

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