State v. Swanson

Defendant was convicted of driving under the influence of intoxicants and third degree escape. He contends — correctly, we hold — that there is insufficient evidence to support the escape conviction.

At the scene of a traffic stop, defendant was doing poorly on some field sobriety tests. The officer on the scene said something to the effect of "You are drunk.” Defendant turned and ran away.

There are several relevant statutes. ORS 162.145 to 162.165 define the various degrees of escape; being in custody is an element of all degrees. The dispute here is whether there is any evidence defendant…