STATE v. PROPHET

A171101.

507 P.3d 735 (2022)

318 Or. App. 330

STATE of Oregon, Plaintiff-Respondent, v. Josie Christy Ann PROPHET, Defendant-Appellant.

Court of Appeals of Oregon.

March 16, 2022.


Attorney(s) appearing for the Case

Stacy M. Du Clos , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Michael A. Casper , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.


Defendant was convicted of resisting arrest, ORS 162.315, after attempting to prevent a police officer from arresting her for driving under the influence of intoxicants. She appeals, arguing that the trial court erred in refusing to deliver her proposed jury instruction stating that an individual must intentionally create a substantial...

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