State v. Lonergan

Defendant appeals from a judgment of conviction for escape in the second degree. ORS 162.155(l)(a). He assigns error to the denial of his motion for judgment of acquittal (MJOA). As explained below, it is undisputed that, after escaping from the custody of an arresting officer, defendant used physical force to prevent recapture. He argues that that fact is insufficient, as a matter of law, to prove that he “use[d] physical force escaping from custody.” Id. We affirm.

The material facts are undisputed. Springfield Police Officer Donald Myers responded to a reported automobile theft in rural…