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STATE v. GRUVER

Nos. 100255; A146586.

327 P.3d 547 (2014)

261 Or. App. 92

STATE of Oregon, Plaintiff-Respondent, v. Jeremy Dean GRUVER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Opinion filed September 18, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Kristin A. Carveth , Deputy Public Defender, Office of Public Defense Services, for petition.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

SCHUMAN, S. J.

Defendant, who was serving a sentence in the Lincoln County jail, was assigned to work at the local animal shelter cleaning kennels and feeding animals. After he walked away from the shelter, he was charged with and convicted of escape in the second degree under ORS 162.155(1)(c) (escape from a "correctional facility") and escape in the third degree under ORS 162.145(1) (escape from "custody"). On appeal, defendant argued that leaving the shelter was...

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