STATE of Oregon, Respondent on Review,
v.
Joseph Nathan LONERGAN, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 11, 2007.
Decided January 25, 2008.
Attorney(s) appearing for the Case
Tammy W. Sun, Deputy Public Defender, argued the cause for petitioner on review. With her on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem.
Kaye Ellen McDonald, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER and WALTERS, Justices.
Supreme Court of Oregon.
DE MUNIZ, C.J.
Defendant was convicted of escape in the second degree.1 ORS 162.155(1).2 The issue before us is whether defendant's use of physical force occurred when he was "escaping from custody" as required to constitute escape in the second degree under the statute. The Court of Appeals concluded that the crime of escape, as defined in ORS 162.155(1), encompasses ongoing, continuous conduct that extends...
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