State v. Garcia

Defendant was charged with two counts of interfering with a peace officer under ORS 162.247 and one count of resisting arrest under ORS 162.315 for her actions to prevent officers from arresting her boyfriend at a political march. Pursuant to ORS 162.247(3)(a), the statute defining the offense of interfering with a peace officer “does not apply” when the defendant is “engaging in *** [activity that would constitute resisting arrest.” At trial, defendant moved for a judgment of acquittal on the interfering counts, arguing that ORS 162.247(3) prohibited the state from charging her with both…