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STATE v. JOSEPH CHARLES ELVIG

06C54053; A136101.

213 P.3d 851 (2009)

230 Or. App. 57

STATE of Oregon, Plaintiff-Respondent, v. JOSEPH CHARLES ELVIG, aka Joesph Charles Elvig, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 29, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Assistant Chief Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

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

ORTEGA, J.

This case presents the question whether a person who is in custody at a correctional facility commits the crime of unauthorized departure when he is granted a temporary release but fails to return on time.1 Defendant was convicted after a bench trial on stipulated facts and now assigns error to the trial court's denial of his challenge to the legal sufficiency of the evidence. We view...

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