State v. Stolz

Defendant was charged with resisting arrest. ORS 162.315. The state appeals from an order dismissing the charge on the ground of former jeopardy. We reverse.

On December 5,1989, Deputy Sheriff Carpenter went to defendant’s residence and served him with a restraining order that required him to leave the premises immediately. Defendant called the order “ridiculous” and tried to close the door, but Carpenter prevented him from doing so. Defendant was given permission to telephone his attorney, and he tried unsuccessfully to reach him. Carpenter again told defendant that he must leave the house…