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STATE v. LANE

(CC 02FE0143; CA A119122; SC S52697).

144 P.3d 927 (2006)

341 Or. 433

STATE of Oregon, Petitioner on Review, v. Issac Jerome LANE, Respondent on Review.

Supreme Court of Oregon.

Decided October 5, 2006.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rebecca A. Dunn, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, BALMER, and KISTLER, Justices.

BALMER, J.

Defendant fled from a courtroom after the trial court revoked his pretrial release status and remanded him to the custody of the sheriff for transportation to the county jail. As we discuss below, a person who unlawfully flees from "custody" commits the crime of third-degree escape, ORS 162.145(1), while a person who unlawfully flees from a "correctional facility" commits the crime of second-degree escape, ORS 162.155(1)(a). The state charged defendant...

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