State v. Lonergan

*17DE MUNIZ, C. J.

Defendant was convicted of escape in the second degree.1 ORS 162.155(1).2 The issue before us is whether defendant’s use of physical force occurred when he was “escaping from custody^’ as required to constitute escape in the second degree under the statute. The Court of Appeals concluded that the crime of escape, as defined in ORS 162.155(1), encompasses ongoing, continuous conduct that extends at least during the immediate pursuit of the escapee, and that the use of physical force at any time during a single continuous course of escaping was sufficient under the statute. State…