State v. Ashbaugh

Defendant appeals a judgment convicting him of second-degree escape, ORS 162.155, assigning error to the trial court’s denial of his motion for judgment of acquittal (MJOA). Defendant contends that there was insufficient evidence from which a rational trier of fact could find that he was in custody and that he used or threatened force while escaping. We affirm.

Because this case arises from defendant’s MJOA, we state the facts in the light most favorable to the state. See State v. Alexander, 238 Or App 597, 599, 243 P3d 476 (2010), rev den, 349 Or 654 (2011). At the time of the relevant…