State v. Dempsey, 337 Or. App. 515

Defendant Troy Dempsey was sentenced in January 2018 to five years of probation after pleading no contest to violating a stalking protective order.
In August 2022, the trial court issued a bench warrant because Dempsey failed to report to probation and did not notify his probation officer about an address change.
In September 2022, Dempsey communicated with the court, was notified about active warrants, but did not turn himself in, leading to his arrest in February 2023.
The probation revocation hearing was delayed several times. Dempsey argued his probation expired in January 2023 before the hearing occurred.
The trial court concluded Dempsey had "absconded" from supervision, tolling (pausing) the running of his probation from August 2022 to February 2023, thus extending the probation period to July 2023.
The trial court ultimately revoked Dempsey's probation and sentenced him to 40 months in prison with 20 months of post-prison supervision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did trial court have authority to revoke probation?	Dempsey absconded, tolling term	Probation had expired; court lacked authority	Court had authority—probation tolled by absconding
Was Dempsey's conduct "absconding" under the law?	Dempsey knowingly evaded process	Actions did not constitute absconding	Conduct met absconding standard and tolled probation

State v. Balfour, 311 Or 434 (Or. 1991) (establishes procedures for appellate appointed counsel when no meritorious issues are present)
State v. LaCoe, 323 Or App 74 (Or. Ct. App. 2022) (defining "absconding" and analysis of probation tolling)
State v. Berglund, 311 Or App 424 (Or. Ct. App. 2021) (limits court's authority to probation violations reported/charged during the probation period)
State v. Vanlieu, 251 Or App 361 (Or. Ct. App. 2012) (tolling and judicial acts to extend probation authority)