State v. Moss

Following his conviction for second-degree disorderly conduct and other crimes, defendant appealed to the Court of Appeals, contending that the trial court should have granted his motion for judgment of acquittal of the disorderly conduct charge. While the appeal was pending, the state moved to dismiss the appeal under ORAP 8.05(3), arguing that defendant had escaped or absconded from supervision and was a fugitive from justice.

ORAP 8.05(3) provides, in part:

“If a defendant in a criminal case, *** on appeal of an adverse decision, escapes or absconds from custody or supervision, the…