State v. Patnesky

Defendant was convicted of interfering with a peace officer, ORS 162.247, resisting arrest, ORS 162.315, and other crimes, but challenges only his conviction for interfering with a peace officer. He assigns error to the trial court’s denial of his motion for judgment of acquittal, in which he argued that, because he was not violent or did not physically resist when he refused to obey lawful orders by police officers, the jury could find only that he was engaging in passive resistance, conduct that is not a violation of the offense of interfering with a peace officer.1 The state remonstrates…