State v. Gruver

SCHUMAN, S. J.

Defendant, who was serving a sentence in the Lincoln County Jail, was assigned to work at the local animal shelter cleaning kennels and feeding animals. After he walked away from the shelter, he was charged with and convicted of escape in the second degree under ORS 162.155(l)(c) (escape from a “correctional facility”) and escape in the third degree under ORS 162.145(1) (escape from “custody”). On appeal, defendant argued that leaving the shelter was neither of those crimes but was instead a violation of a different statute, ORS 162.175, which criminalizes “unauthorized…