State v McColly

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-14-2017
  • Case #: A156900
  • Judge(s)/Court Below: Egan, J. for the Court; Armstrong, J; & Hadlock, C.J.
  • Full Text Opinion

A person “fails to appear in the second degree” if he or she knowingly does not appear after being “released from custody or a correctional facility"under a court ordered release agreement. ORS 162.195(1)(a).

Defendant appealed a judgment of conviction for failure to appear in the second degree. Defendant assigned error to trial court’s denial of her motion for judgment of acquittal. On appeal, Defendant argued that the state did not present sufficient evidence to demonstrate that she was released from “custody or a correctional facility” under a release agreement pursuant to ORS 162.195. A person “fails to appear in the second degree” if he or she knowingly does not appear after being “released from custody or a correctional facility" under a court ordered release agreement. ORS 162.195(1)(a). The Court of Appeals held that there was sufficient evidence to show a defendant had been released from “custody or a correctional facility” within the meaning of ORS 162.195 based upon her completion of the booking process and a sworn conditional release agreement. Affirmed.

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