State v. McCOIN

In this consolidated appeal, defendant challenges the sufficiency of the evidence on two convictions for second-degree failure to appear. In both cases, he failed to appear at hearings related to his driving under the influence of intoxicants (DUII) diversion agreement. He argues that the diversion agreement effectively stayed the underlying charges and that, as a result, his failure to appear was not “in connection with a charge” against him as provided in the statute that defines the offense. ORS 162.195(l)(a). The state responds that the diversion agreement did not stay the DUII charges…