State v. Briggs

144                    January 4, 2024                   No. 16

   This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
         except as provided in ORAP 10.30(1).

          IN THE COURT OF APPEALS OF THE
                  STATE OF OREGON

                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
               BILLY JUDD WADE BRIGGS,
                   Defendant-Appellant.
               Malheur County Circuit Court
                   19CR60474; A178719

   Lung S. Hung, Judge.
   Submitted December 1, 2023.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah De La Cruz, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
  Before Shorr, Presiding Judge, and Mooney, Judge, and
Pagán, Judge.
   PER CURIAM
   Reversed.
Nonprecedential Memo Op: 

 (2024)              145

         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, 

, 

 (2022),
in which we reversed a conviction for first-degree failure to
appear under substantially similar circumstances. See also
State v. Lobue, 

, 

 (2019) (similarly reversing conviction for first-degree failure to appear).
         Reversed.