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STATE v. MATHER

200920884; A144793.

300 P.3d 225 (2013)

256 Or. App. 230

STATE of Oregon, Plaintiff-Respondent, v. Robert Henry MATHER, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David C. Degner , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jennifer S. Lloyd , Attorney-in-Charge, Criminal Appeals, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and BREWER, Judge pro tempore.

ORTEGA, P.J.

Following a jury trial, defendant was convicted of two counts of failure to appear in the first degree, ORS 162.205.1 On appeal, defendant asserts that the trial court erred in denying his motion for judgment of acquittal on both counts of first-degree failure to appear because there was insufficient evidence that he had been released from "custody or a correctional facility" within the meaning of ORS 162.205. We conclude...

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