State v. Sharp

Defendant appeals a judgment convicting him of resisting arrest (Count 1) and two counts of attempted assault of a public safety officer (Counts 3 and 4). Defendant assigns error to the trial court’s denial of his motion for judgment of acquittal on Count 3. Following State v. Mills, 354 Or 350, 312 P3d 515 (2013), we reverse as to Count 3 and remand for resentencing but otherwise affirm.

The relevant facts are as follows: Defendant was arrested at the Applegate Tavern in Josephine County, Oregon. Paramedics took him to “the hospital,” where he kicked a deputy from the Josephine County…