Oregon Supreme Court January 25, 2008, CC 200300729; CA A121288; SC S054561 (State v. Lonergan)

KISTLER, J.,

dissenting.

After an officer placed defendant under arrest, defendant broke away and took off running. The majority holds that, in running away from the officer, defendant was not “escaping” from him. The majority’s holding is at odds with both the ordinary understanding and the legally accepted meaning of that term.