State v. Kountz

Defendant was convicted of interfering with a peace officer (IPO), ORS 162.247,1 resisting arrest, ORS 162.315, and harassment, ORS 166.065, but challenges only her conviction for IPO. In her first assignment of error, defendant contends that the trial court erred in denying her motion for judgment of acquittal (MJOA) on the charge of IPO. Defendant argues that, under ORS 162.247(3)(a), “a person cannot be convicted of [IPO] based on conduct that would constitute resisting another person’s arrest.” The state argues that an MJOA was an improper mechanism to make such a challenge. We agree with…