State v. Arney

In this criminal case, defendant was convicted of first-degree failure to appear, ORS 162.205. She argues that the trial court erred in denying what she characterizes as her motion for a judgment of acquittal. The state responds that the trial court did not err, but that even if it did, defendant is entitled at most to a remand for entry of a conviction for second-degree failure to appear, ORS 162.195. For the reasons explained below, we agree with defendant that the trial court erred and that the state is not entitled to remand for entry of a conviction for second-degree failure to appear.…