State v. Lazarides

While defendant’s criminal appeal was pending before the Court of Appeals, he absconded from post-prison supervision, prompting the state to move for dismissal of his appeal. After defendant had been arrested and returned to supervision, the Court of Appeals granted the state’s motion to dismiss. Later, the Court of Appeals denied defendant’s motion for reconsideration and declined to reinstate his appeal after the state supplied additional information concerning defendant’s behavior. Under the current version of ORAP 8.05(3), adopted in 2015, if an appellate court “determines that the…