Court of Appeals of Oregon February 25, 2009, 05C55379; A135370 (State v. Pierce)

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BARRON, J.

pro tempore

Defendant was convicted of assaulting a public safety officer, ORS 163.208, and resisting arrest, ORS 162.315. He appeals only his conviction for resisting arrest, asserting that the trial court erred in denying his motion for judgment of acquittal, which was based on his contention that, at the time of his resistance, he was not under arrest.