State v. Lumpkin

*267DEITS, P. J.

This case is before v. on remand from the Supreme Court to reconsider our previous decision, State v. Lumpkin, 129 Or App 601, 880 P2d 468 (1994), in the light of State v. Hoskinson, 320 Or 83, 879 P2d 180 (1994). State v. Lumpkin, 320 Or 315, 882 P2d 602 (1994). We affirm.

The facts of this case are adequately stated in our previous opinion and are only briefly summarized here. After Officer Ludwig stopped defendant, and in response to defendant’s behavior, Ludwig asked defendant to place his upper body and hands on the trunk of the patrol car. Moments later, and contrary to…