STATE v. SIMMONS

A172107.

499 P.3d 127 (2021)

314 Or. App. 507

STATE of Oregon, Plaintiff-Respondent, v. Josiah Andrew SIMMONS, Defendant-Appellant.

Court of Appeals of Oregon.

September 15, 2021.


Attorney(s) appearing for the Case

Bruce A. Myers , Deputy Public Defender, argued the cause for appellant. Also on the briefs were Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Mark Kimbrell , Deputy Public Defender, Office of Public Defense Services.

Joseph Callahan , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.


Defendant appeals from a judgment for one count of punitive contempt for violating a "no contact" provision in a release agreement. In his sole assignment of error, defendant argues that the trial court erred in finding him in contempt, because, under ORS 33.015(2)(b), the trial court was required to find that he willfully disobeyed...

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