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STATE v. MOSS

(CC 08CR0445; CA A141464; SC S058860).

279 P.3d 200 (2012)

352 Or. 46

STATE of Oregon, Respondent on Review, v. Jesse Vance MOSS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 7, 2012.

Reassigned March 27, 2012.

Attorney(s) appearing for the Case

Kristin Carveth , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Cecil A. Reniche-Smith , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

LANDAU, J.

Oregon's fugitive dismissal rule, ORAP 8.05(3), provides that, when a criminal defendant has absconded during the pendency of an appeal, an appellate court may dismiss the appeal, as long as the defendant "has not surrendered" at the time of the dismissal. In this case, defendant filed a notice of appeal and then absconded. The state moved to dismiss. In the meantime, defendant was arrested and returned to custody. On the basis of his return to custody...

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