State v. Boldt

Defendant appeals his conviction for failing to appear. ORS 162.205. He argues that the trial court erred when it refused to give his requested jury instructions on the defenses of choice of evils 1 and duress. 2 We reverse.

After being charged with delivery of a controlled substance, defendant was released on the condition that he appear in court on May 21, 1991. When he appeared on that day, he was ordered to appear again on June 14,1991, which he failed to do. At his trial on the failure to appear charge, defendant testified that he did not appear because, during the first week in June, he…