State v. Fettel

Defendant appeals from a conviction for driving under the influence of intoxicants. The state has moved to dismiss this appeal under ORAP 8.05(3) on the ground that defendant absconded from supervision. That rule provides:

“If a defendant in a criminal case, * * * on appeal of an adverse decision, escapes or absconds from custody or supervision, the respondent on appeal may move for dismissal of the appeal. If the appellant has not surrendered at the time the motion is decided by the court, the court may dismiss the appeal or judicial review.”

Defendant’s response to the state’s motion is based…