340 P.3d 670
Or. Ct. App.2014Background
- Defendant appeals a conviction for giving false information to a peace officer for service of an arrest warrant under ORS 162.385(l)(b).
- Indictment charged the count under ORS 162.385(l)(b); no charge under (l)(a) was alleged.
- Evidence showed the officer did not ask for identification to arrest on a warrant; he learned of the warrant after the ID request.
- Officer testified he asked for ID for a traffic stop unrelated to any warrant; dispatch later revealed the warrant.
- The trial court convicted on Count 2; the issue is whether the evidence supports that specific charge; appeal argues plain error.
- Court reverses Count 2, remands for resentencing, and affirms other convictions; consolidated appeal also challenges marijuana conviction under 475.860(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction on ORS 162.385(l)(b) was plain error given evidence showed the officer did not request identification to arrest on a warrant. | Moresco/Allen: element requires arrest-on-warrant purpose. | Identity request not for arrest; insufficient evidence. | Yes; error plain and reversible on Count 2. |
Key Cases Cited
- State v. Moresco, 250 Or App 405 (2012) (requires arrest-on-warrant purpose for ORS 162.385(l)(b))
- State v. Allen, 222 Or App 71 (2008) (identification for arrest on a warrant required)
- Cardosa-Marlowe v. State, 264 Or App 576 (2014) (plain error to convict where officer lacked warrant-related ID context)
- State v. Reynolds, 250 Or App 516 (2012) (considerations for exercising discretion to correct plain error)
- State v. Burnett, 185 Or App 409 (2002) (indictment vs. information; amendment limitations)
- State v. Kuznetsov, 345 Or 479 (2008) (substantive amendment to indictment; context differs from Burnett)
- Ailes v. Portland Meadows, Inc., 312 Or 376 (1991) (factors for exercising discretion to correct plain error)
- State v. Fults, 343 Or 515 (2007) (additional Reynolds considerations)