State v. Leuck

                               562

        Submitted November 19, 2020, affirmed March 23, 2022


                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
                    FRANK LEUCK,
                   Defendant-Appellant.
               Harney County Circuit Court
                 18CR69525, 19CN00797;
                A170900 (Control), A170901
                            

  Alta Jean Brady, Senior Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kyle Krohn, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Michael A. Casper, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
  PER CURIAM
  Affirmed.
Cite as 

 (2022)                           563

        PER CURIAM
         A jury found defendant guilty of attempted assault
of a public safety officer, ORS 161.405 and ORS 163.208,
and resisting arrest, ORS 162.315, arising out of a fracas
when a Burns police officer arrested him for violating a
restraining order. On appeal, defendant raises two assignments of error that challenge the trial court’s instructions
to the jury. We reject his first assignment of error without
discussion. Defendant’s second assignment of error is foreclosed by our recent decision in State v. Prophet, 

, 

 (2022) (concluding that the trial court did
not err in refusing to give the defendant’s proposed instruction because ORS 162.315 does not require that a defendant
intentionally create a substantial risk of harm).
        Affirmed.