State v. Hancock

The majority holds, on the authority of State v. Larsen, 44 Or App 643, 606 P2d 1159, rev den 289 Or 373 (1980), that defendant cannot be guilty of possession of a weapon because ORS 166.275 does not apply when the convicted person is outside the penal institution. I cannot agree.

In Kneefe v. Sullivan, 2 Or App 152, 465 P2d 741, rev den (1970), we held that a work release enrollee who escaped while he was in physical custody in Multnomah *430County in connection with work release was still in the constructive custody of the Oregon State Correctional Institution in Marion County and therefore…