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State v. Mather

Summarized by: 

Date Filed: 04-17-2013
Case #: A144793
Ortega, P.J. for the Court; Sercombe, J.; Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144793.pdf

Criminal Law: Under ORS 162.205, a person is considered to be released from a “correctional facility” when the release agreement from the pretrial services office is signed.

Defendant appealed a conviction of first-degree failure to appear arguing that the State had not shown sufficient evidence that he was released from "custody or a correctional facility" under ORS 162.205. Initially, Defendant failed to appear in court for a charge of unlawful possession, at which time the court issued a warrant for Defendant's arrest. Eventually, Defendant was arrested and given the option to remain in custody or be placed in constructive custody and sign a release agreement. Defendant chose constructive custody and executed the release agreement. Defendant argued that since he had been placed in "constructive custody" and escorted to pretrial services to sign a release agreement that he was in custody of the court and not released by a peace officer. The Court held that given the evidence available, Defendant was released from a "correctional facility" when pretrial services released him with the agreement.  Additionally, pretrial services is a correctional facility for purposes of the statute because it is a place used for the confinement of a person pursuant to a court order. Affirmed.