MATTER OF CAPETZ

M07070115, A136626.

218 P.3d 568 (2009)

231 Or. App. 330

In the Matter of the Contempt of Martin R. Capetz. STATE of Oregon, Plaintiff-Respondent, v. Martin R. CAPETZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 7, 2009.


Attorney(s) appearing for the Case

Rankin Johnson IV, Portland, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Carolyn Alexander, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


PER CURIAM.

Defendant, an attorney, appeals a judgment of contempt entered after he failed to appear at his client's sentencing hearing. On appeal, defendant argues (1) that the record does not establish that his conduct was willful and (2) that his conduct did not occur in the court's presence. See ORS 33.096 (providing, in part, that "[a] court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence...

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