State v. Pierce

pro tempore

Defendant was convicted of assaulting a public safety officer, ORS 163.208, and resisting arrest, ORS 162.315. He appeals only his conviction for resisting arrest, asserting that the trial court erred in denying his motion for judgment of acquittal, which was based on his contention that, at the time of his resistance, he was not under arrest. Neither the facts nor the law are in dispute, but the application of the law to the facts is. Our review is limited to determining whether, viewing the evidence in the light most favorable to the state, the factfinder could have found that…