State v. Moffitt

Defendant was charged with sodomy in the first degree and official misconduct in the first degree. ORS 162.415. In a trial to the court, he was acquitted of sodomy and convicted of official misconduct. He appeals. He contends that the verdicts are inconsistent and that the facts in his indictment for official misconduct do not state a crime; he also challenges the factual basis for his conviction. We affirm.

On August 6, 1989, defendant, then a uniformed police officer for the City of West Linn, answered a call about a domestic disturbance at a rest stop on 1-205. He arrived at 3:15 a.m. in a…