- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 09-30-2015
- Case #: A152382
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Egan, J.; & Edmonds, S.J.
- Full Text Opinion
Defendant appealed a conviction for interfering with a peace officer (ORS 162.247), arguing that no reasonable fact finder could have found him guilty. Defendant was pulled over after running a red light. After pulling onto the shoulder, Defendant backed his truck into a Police Officer’s car and drove away. Police Officer’s siren was disabled, but the car worked. The Officer followed Defendant; Defendant exited his truck and hid under a bush, where Officer found and arrested him. The Court held that interfering with a peace officer was not established at trial. Interfering with a peace officer requires intentionally preventing a peace officer from performing lawful duties with regard to a third person. Since there was no showing at trial that Defendant hit the police car with intent to stop Officer from pursuing his lawful duties in regards to a third person, no reasonable fact finder could have found Defendant guilty. Portion of conviction for interfering with a peace officer reversed, remanded for resentencing.