State v. Lane

Defendant fled from a courtroom after the trial court revoked his pretrial release status and remanded him to the custody of the sheriff for transportation to the county jail. As we discuss below, a person who unlawfully flees from “custody” commits the crime of third-degree escape, ORS 162.145(1), while a person who unlawfully flees from a “correctional facility’ commits the crime of second-degree escape, ORS 162.155(l)(a). The state charged defendant with both second-degree escape and the less serious crime of third-degree escape in connection with the incident. Following a bench trial, the…