State v. Thomas

Defendant appeals a judgment of conviction for, among other things, escape in the third degree, ORS 162.145. He assigns error to the trial court’s denial of his motion for a judgment of acquittal on that charge, arguing that there was insufficient evidence that he was in “custody” at the time of his departure from the presence of a police officer. We conclude that, because there is evidence from which a rational finder of fact could find that defendant was under arrest at the time, the evidence was sufficient to establish that he was in “custody.” We therefore affirm.

Corporal Perry of the…