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STATE v. THOMAS

M12624; A135855.

211 P.3d 979 (2009)

229 Or. App. 453

STATE of Oregon, Plaintiff-Respondent, v. James B. THOMAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Carolyn Bys, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Leigh A. Salmon, Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Robin Rojas McIntyre, Assistant Attorney General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for, among other things, escape in the third degree, ORS 162.145. He assigns error to the trial court's denial of his motion for a judgment of acquittal on that charge, arguing that there was insufficient evidence that he was in "custody" at the time of his departure from the presence of a police officer. We conclude that, because there is evidence from which a rational finder of fact could find that defendant...

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