Court of Appeals of Oregon May 10, 2006, 20-04-03291; A125331 (State v. Schnetzky)

PER CURIAM

Defendant was convicted after a jury trial of second-degree escape. ORS 162.155. On appeal, he argues that the trial court erred in failing to instruct the jury on a choice-of-evils defense and in imposing a departure sentence based on a finding that defendant had been persistently involved in similar offenses.