State v. Lobue

ORS 162.205(1)(a) makes it a crime to knowingly fail to appear only after “[h]aving by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge.”

Defendant appealed from a judgment convicting him of Failure to Appear in the First Degree. On appeal, Defendant argued that the plain text of the release agreement did not specifically condition his release upon his personal appearance in court. In response, the State argued that, while the release agreement did not explicitly require his personal appearance, Defendant’s personal appearance, as opposed to appearance through counsel, was implied by the release agreement. ORS 162.205(1)(a) makes it a crime to knowingly fail to appear only after “[h]aving by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge.” After interpreting the release agreement, the Court held that the release agreement in this case did not unambiguously require Defendant’s personal appearance at the hearing. Reversed.