State v. Olive

In this criminal case, defendant appeals a judgment convicting him of resisting arrest, ORS 162.315, and interfering with a peace officer, ORS 162.247. With respect to his resisting arrest conviction, defendant contends that, contrary to our holding in State v. Toelaer, 70 Or App 164, 688 P2d 124 (1984), ORS 162.315 requires a person to know that he or she is being arrested. He argues that, in light of the trial court’s finding that defendant did not know that he was being arrested, the court erred in convicting him of resisting arrest. We agree. Accordingly, we overrule Toelaer, reverse…