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STATE v. ALCARAZ

A167663.

508 P.3d 13 (2022)

318 Or. App. 179

STATE of Oregon, Plaintiff-Respondent, v. Sam Samson ALCARAZ, aka Samuel S. Alcaraz, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc February 11, 2022.

March 9, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Mark Kimbrell , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

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

Before Lagesen, Chief Judge, and Ortega, Egan, Tookey, Shorr, James, Aoyagi, Powers, Mooney, Kamins, Pagán, and Hellman, Judges, and Armstrong, Senior Judge.

Defendant was fishing from a boat— standing in a pile of fish and reeling one in on his line—when Deputy Denton, a Jackson County Sheriff's Deputy in a marked patrol boat, idled up and asked how the fishing was going. Denton then asked defendant, "Do you have a fishing license?" and defendant responded, "Nope." Denton issued...

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