State v. Shutoff

After a bench trial, defendant was convicted of one count of interfering with a peace officer. ORS 162.247. He appeals, raising two assignments of error. We write to address only the argument that the trial court erred by proceeding with defendant’s trial in his absence. Because we conclude that the trial court erred in allowing defendant’s trial to proceed in his absence, we reverse and remand.1

The facts pertinent to our disposition are procedural and undisputed. The state charged defendant with one count of interfering with a peace officer, a misdemeanor. ORS 162.247(2).2 In February 2011,…