Opinion
A178719
01-04-2024
STATE OF OREGON, Plaintiff-Respondent, v. BILLY JUDD WADE BRIGGS, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, fled the brief for respondent.
This is a Nonprecedential Memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted December 1, 2023
Malheur County Circuit Court 19CR60474; Lung S. Hung, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, Deputy Public Defender, Offce of Public Defense Services, fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, fled the brief for respondent.
Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.
PER CURIAM.
Defendant, who was convicted of first-degree failure to appear, ORS 162.205, argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to prove that he was released pursuant to a release agreement that unambiguously required him to appear on the date at issue. The state concedes the error.
A description of the facts would not benefit the bench, the bar, or the public. Suffice it to say that the parties agree that this case does not differ in any significant way from State v. Buchnoff, 319 Or.App. 599, 511 P.3d 438 (2022), in which we reversed a conviction for first-degree failure to appear under substantially similar circumstances. See also State v. Lobue, 300 Or.App. 340, 453 P.3d 929 (2019) (similarly reversing conviction for first-degree failure to appear).
Reversed.