State v. Girard

Under ORS 162.155(1)(b), it is a second-degree escape if, after having been convicted of a felony, a defendant escapes from custody imposed as a result of a felony conviction.

Defendant appealed from a judgment of conviction for second-degree escape, ORS 162.155. Defendant assigned error to the trial court’s denial of her request for judgment of acquittal. Defendant argued that she was entitled to a judgment of acquittal because she escaped from custody imposed in connection with an alleged probation violation, and not as a result of a felony conviction. Under ORS 162.155(1)(b), it is a second-degree escape if, after having been convicted of a felony, a defendant escapes from custody imposed as a result of a felony conviction.  In this case, Defendant’s escape from custody, as a factual matter, resulted from “a claimed violation of her probation,” and not from a felony conviction. The Court held that the trial court erred in failing to acquit Defendant because the State did not prove that Defendant escaped from custody “imposed as a result of” a felony conviction. ORS 162.155(1)(b). Reversed and remanded.