State v. Manley

The question in this criminal case is whether defendant’s failure to return to a county correctional facility as ordered, upon completion of an alcohol treatment program located elsewhere, constitutes the felony offense of escape in the second degree or the misdemeanor offense of unlawful departure. After a bench trial on stipulated facts, the trial court convicted defendant of escape in the second degree. On defendant’s appeal, the Court of Appeals affirmed from the bench without opinion. State v. Manley, 147 Or App 244, 936 P2d 405 (1997). We allowed defendant’s petition for review and now…