STATE v. FETTEL

MI050257; A131427.

150 P.3d 1076 (2006)

210 Or. App. 404

STATE of Oregon, Respondent, v. Charles Andrew FETTEL, Appellant.

Court of Appeals of Oregon.

Motion to dismiss June 6, 2006.

Motion to dismiss June 29, 2006.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, for motion.

Kristin Carveth, Deputy Public Defender, Office of Public Defense Services, for response.

Before WOLLHEIM, Presiding Judge, and SCHUMAN and ROSENBLUM, Judges.


On respondent's motion to dismiss June 6, 2006.

Appellant's response to motion to dismiss June 29, 2006.

SCHUMAN, J.

Defendant appeals from a conviction for driving under the influence of intoxicants. The state has moved to dismiss this appeal under ORAP 8.05(3) on the ground that defendant absconded from supervision. That rule provides:

"If a defendant in a criminal case, * * * on appeal of an adverse decision, escapes or absconds from custody...

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