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STATE v. GALLIGAN

DC DA 415 327A; CA A65406; SC S37809.

816 P.2d 601 (1991)

312 Or. 35

STATE of Oregon, Respondent On Review, v. Richard Loyd GALLIGAN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 29, 1991.

Attorney(s) appearing for the Case

Mary Reese, Deputy Public Defender, Salem, argued the cause for petitioner on review. On the petition was Sally L. Avera, Public Defender, Salem.

Jas Adams, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

PETERSON, Chief Justice.

The issue presented is whether an inmate at a correctional facility who is given authorization to leave the facility for work but fails to return to the facility at the appointed time may be charged with the crime of "unauthorized departure." ORS 162.175.

The defendant was an inmate at a corrections facility, the Multnomah County Restitution Center (MCRC). He was released temporarily from the MCRC on a work-release program but failed...

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