State v. Moss

*47LANDAU, J.

Oregon’s fugitive dismissal rule, ORAP 8.05(3), provides that, when a criminal defendant has absconded during the pendency of an appeal, an appellate court may dismiss the appeal, as long as the defendant “has not surrendered” at the time of the dismissal. In this case, defendant filed a notice of appeal and then absconded. The state moved to dismiss. In the meantime, defendant was arrested and returned to custody. On the basis of his return to custody, defendant opposed the motion to dismiss, arguing that he had “surrendered.” The state responded that the mere fact that an…