340 P.3d 57
Or. Ct. App.2014Background
- Officer observed two cars possibly chasing; stopped at a light between the cars and instructed both drivers to turn off engines; defendant drove off when light turned green and officer did not pursue; defendant was charged with attempting to elude, indictment alleged knowingly; trial court convicted interfering with a peace officer as a lesser-included offense; defendant argued that interfering requires intentional mens rea and is not a lesser-included offense of attempting to elude.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is interfering with a peace officer a lesser-included offense of attempting to elude? | State contends the issue may be preserved; if preserved, not necessarily so, and may be subsumed under attempted elude. | Defendant argues interfering requires intentional, not just knowing, thus not a lesser-included offense of elude. | Interfering is not a lesser-included offense; conviction reversed. |
Key Cases Cited
- State v. Ruggles, 238 Or. App. 86 (2010) (held ORS 162.247(l)(b) requires more than strict liability for 'refuse to obey')
- State v. Woodson, 315 Or. 314 (1993) (established criteria for when a lesser-included offense exists)