State v. McColly

*716**466This criminal case concerns a conviction for second-degree "failure to appear," which involves the failure to appear on a misdemeanor charge after having been "released from custody" by court order, under a release agreement and upon a condition of future appearance. ORS 162.195(1)(a) ; see also ORS 162.135(4) ("[c]ustody" means "the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order * * *"). Defendant failed to appear for a scheduled trial call, but, before that date, she had not been released following arrest, detention, or…