State v. Fox

Defendant appeals from his conviction for possession of a controlled substance. ORS 475.992(4)(b). He asserts that the trial court improperly denied his motion to suppress based solely on his failure to appear at the time set for hearing of the motion. We review for errors of law and vacate and remand.

Following his arrest, defendant executed a pretrial conditional release agreement in which he agreed “to appear at all times and places as ordered by any Court having jurisdiction[.]” The agreement stated that should defendant violate any of its conditions, the court could revoke his release,…