State v. Dempsey

“[W]hen determining whether a defendant has absconded from supervision, the sentencing court must consider whether the defendant’s actions show that the defendant intended to evade or avoid legal process, not simply that the defendant failed to attend one meeting with a probation officer or could not be located for a brief period of time[.]” State v. LaCoe, 323 Or App 74, 80, 522 P3d 18 (internal quotation marks omitted).

Four years into a five year probation period, a bench warrant was issued for Defendant’s arrest. Defendant wrote a letter to the trial court explaining his situation, and the trial court informed Defendant of their pending warrants. Six months later, and one month after the probation period was initially set to end, Defendant was arrested.

Absconding from supervision, such that a bench warrant is issued for an offender’s arrest, tolls the offender’s probation period. LaCoe, 323 Or App at 80; OAR 213-005-0008(3). In such circumstances, the sentencing court must take a “deliberate judicial act” to extend the probation period. State v. Vanlieu, 251 Or App 361, 368, 283 P3d 429 (2012).

Defendant appealed judgment revoking probation, arguing that the trial court erred in determining that Defendant had absconded before the conclusion of their initial probation term. Upon review of the record, the Court of Appeals concluded that “the trial court did not err in determining that defendant absconded, thereby tolling the period of probation and extending its term.”

“Affirmed.”