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STATE v. MANLEY

CC CM95-20903; CA A92516; SC S44187.

951 P.2d 686 (1997)

326 Or. 204

STATE of Oregon, Respondent on Review, v. Walter Lee MANLEY, Jr., Petitioner on Review.

Supreme Court of Oregon.

Decided December 26, 1997.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Sally L. Avera, Public Defender.

Mary H. Williams, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

GRABER, Justice.

The question in this criminal case is whether defendant's failure to return to a county correctional facility as ordered, upon completion of an alcohol treatment program located elsewhere, constitutes the felony offense of escape in the second degree or the misdemeanor offense of unlawful departure. After a bench trial on stipulated facts, the trial court convicted defendant of escape in the second degree. On defendant's appeal, the Court of Appeals...

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