State v. Herrera-Sorrosa

Defendant petitions for reconsideration, ORAP 6.25, asserting that the following portion of our original opinion is erroneous:

“Here, the evidence was disputed, or at least unclear, as to whether officer Benz told Colton that he had committed a traffic infraction. Given that evidence, which permitted the trial court to find that Benz did not ‘announce to [Colton] that he * * * had broken the law in the officer’s presence,’ [State v. Terhear/Goemmel, 142 Or App 450, 458, 923 P2d 641 (1996)], we assume that the court resolved that matter consistently with its ultimate conclusion that there was…