State v. Oren

This interlocutory appeal presents the question of whether a person may be found guilty of hindering a law enforcement officer, where the officer’s commission has expired at the time of the offense. We agree with the trial court that the technically unqualified officer was an officer de facto. Therefore, we affirm the trial court’s denial of defendant’s motion to dismiss for lack of a prima facie case.

Defendant was charged with hindering a law enforcement officer in violation of 13 V.S.A. § 3001. The situation arose out of a deputy sheriff’s attempt to serve civil process upon defendant at…