State v. Cadger

Defendant appeals a judgment of conviction for escape in the second degree from a “correctional facility,” ORS 162.155(l)(c). He assigns error to (1) the trial court’s denial of his motion for judgment of acquittal and (2) the trial court’s jury instructions. We hold, in light of our recent decision in State v. Gruver, 258 Or App 549, 310 P3d 728 (2013), that the court erroneously denied his motion, and, accordingly, we reverse.

The following facts are undisputed. Defendant was serving a 60-day sentence at the Douglas County Jail for a probation violation. While in jail, defendant participated…