A136101 State v. Elvig

Case Date: 07/29/2009
Docket No: 06C54053A136101


FILED: July 29, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JOSEPH CHARLES ELVIG,
aka Joesph Charles Elvig,

Defendant-Appellant.

Marion County Circuit Court
06C54053
A136101

Susan M. Tripp, Judge.

Submitted on February 27, 2009.

Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Assistant Chief Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Ortega, Judge, and Riggs, Senior Judge.

ORTEGA, J.

Affirmed.

ORTEGA, J.

This case presents the question whether a person who is in custody at a correctional facility commits the crime of unauthorized departure when he is granted a temporary release but fails to return on time.(1)