State v. Duvall

Defendant appeals a judgment of conviction for second-degree failure to appear. ORS 162.195. He argues that the state did not prove the allegations of the information by which he was charged. The information alleged that defendant was released from “custody,” when in fact he had been released from a correctional facility. The state acknowledges that it proved facts different from what it alleged, but argues that the variance is not material or prejudicial. Defendant argues that, under the relevant case law, the variance is material. We agree with the state and affirm.

The relevant facts are…