STATE v. SHUTOFF

10C46803; A149773.

330 P.3d 1237 (2014)

263 Or. App. 615

STATE of Oregon, Plaintiff-Respondent, v. Timothy SHUTOFF, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 18, 2014.


Attorney(s) appearing for the Case

Neil F. Byl , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Peenesh Shah , Senior Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jake J. Hogue , Assistant Attorney General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


SERCOMBE, J.

After a bench trial, defendant was convicted of one count of interfering with a peace officer. ORS 162.247. He appeals, raising two assignments of error. We write to address only the argument that the trial court erred by proceeding with defendant's trial in his absence. Because we conclude that the trial court erred in allowing defendant's trial to proceed in his absence, we reverse and remand.1

The facts pertinent...

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