State v. Patterson

Custody imposed as a result of a post-prison supervision violation after incarceration for a sentence that has been served is not escape from custody imposed as a result of felony conviction.

Defendant appealed his conviction for escape in the second degree. Defendant completed his sentence in the Department of Corrections and was released to post-prison supervision (PPS). About a year later, PPS issued an order to take Defendant into custody. Pursuant to that order, a deputy initiated a traffic stop and Defendant fled. Defendant was eventually found and charged with fleeing or attempting to elude a police officer, which he pled guilty to. Defendant was also charged with escape in the second degree pursuant to ORS 162.155(1)(b). On appeal, Defendant argued that his custody was not imposed as a result of his felony conviction. Defendant’s appeal turned on what the legislature meant by “custody imposed as a result of a felony” conviction. The Court agreed with Defendant that the custody at issue was imposed as a result of a PPS violation after he served his incarceration time. Therefore, the trial court should have granted the motion for judgment of acquittal on the escape in the second degree charge and convicted of the lesser included of escape in the third degree. Conviction for escape in the second degree reversed and remanded for conviction and sentencing for escape in the third degree; otherwise affirmed.