STATE v. DUVALL

00-05-452C; A112072.

67 P.3d 424 (2003)

187 Or. App. 316

STATE of Oregon, Respondent, v. Sanford Leroy DUVALL, Appellant.

Court of Appeals of Oregon.

Decided April 24, 2003.


Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Daniel J. Casey, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for second-degree failure to appear. ORS 162.195. He argues that the state did not prove the allegations of the information by which he was charged. The information alleged that defendant was released from "custody," when in fact he had been released from a correctional facility. The state acknowledges that it proved facts different from what it alleged, but argues that the variance is not material or prejudicial...

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