State v. Garcia

Defendant appeals the trial court’s judgment convicting her of interfering with a peace officer (IPO). The IPO statute, ORS 162.247,1 provides that it “does not apply in situations in which the person is engaging in * * * activity that would constitute resisting arrest under ORS 162.315 [,]”2 On appeal, defendant asserts that the trial court erred by submitting the IPO count to the jury, because the state had charged her with IPO and resisting arrest based on the same conduct. For the reasons explained below, we agree, and, therefore, we reverse defendant’s IPO conviction.

*641HISTORICAL AND…