STATE v. WILDE

CM92-0719; CA A76111.

862 P.2d 105 (1993)

123 Or. App. 493

STATE of Oregon, Respondent, v. Michael L. WILDE, Appellant.

Court of Appeals of Oregon.

Decided October 6, 1993.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Defendant appeals his conviction for escape in the second degree. ORS 162.155. We reverse.

The basis for defendant's conviction was his violation of the conditions of a pretrial "home detention" release program. Under that program, defendant was prohibited from consuming alcohol and was required to obtain the authorization of his probation officer before leaving the premises. He failed to appear for a scheduled appointment and was...

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