Oien v. State

URBIGKIT, Chief Justice.

Randall Lee Oien (Oien) appeals his felony conviction of escape from official detention 1 and misdemeanor conviction of interference with a peace officer.2 We reverse both convictions and remand for retrial.

Oien argues successfully for the reversal of his felony conviction of escape from official detention by addressing whether the trial judge committed reversible error when he refused to give a theory of the defense jury instruction. The requested instruction was intended to inform the jury that intention without seizure cannot constitute an arrest. We consider…