State v. Wilde

Defendant appeals his conviction for escape in the second degree. ORS 162.155. We reverse.

The basis for defendant’s conviction was his violation of the conditions of a pretrial “home detention” release program. Under that program, defendant was prohibited from consuming alcohol and was required to obtain the authorization of his probation officer before leaving the premises. He failed to appear for a scheduled appointment and was later found intoxicated and causing a disturbance at the courthouse. On appeal, he contends that the state did not prove the elements of escape in the second degree…