STATE v. ASHBAUGH

090002CR; A147736.

301 P.3d 972 (2013)

256 Or. App. 739

STATE of Oregon, Plaintiff-Respondent, v. Robert Louis ASHBAUGH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 22, 2013.


Attorney(s) appearing for the Case

Marc D. Brown , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


EGAN, J.

Defendant appeals a judgment convicting him of second-degree escape, ORS 162.155, assigning error to the trial court's denial of his motion for judgment of acquittal (MJOA). Defendant contends that there was insufficient evidence from which a rational trier of fact could find that he was in custody and that he used or threatened force while escaping. We affirm.

Because this case arises from defendant's MJOA, we state the facts in the light most favorable...

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