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STATE v. McCOLLY

(CC 14CR03429) (SC S065089).

435 P.3d 715 (2019)

364 Or. 464

STATE of Oregon, Respondent on Review, v. Dawn Marie MCCOLLY, Petitioner on Review.

Supreme Court of Oregon.

February 28, 2019.

Attorney(s) appearing for the Case

Kyle Krohn , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender.

Christopher Page , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Justice pro tempore.

This criminal case concerns a conviction for second-degree "failure to appear," which involves the failure to appear on a misdemeanor charge after having been "released from custody" by court order, under a release agreement and upon a condition of future appearance. ORS 162.195(1)(a); see also ORS 162.135(4) ("[c]ustody" means...

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