Summary
vacating escape conviction because defendant escaped after conviction but before his sentencing because "prisoner" defined as person both convicted and sentenced
Summary of this case from Villegas-Alen v. StateOpinion
No. 71-1034.
October 9, 1973.
Appeal from the Criminal Court of Record for Orange County, W. Rogers Turner, J.
Walter N. Colbath, Jr., Public Defender, and Bruce Daniels, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey and Thomas Carney, Asst. Attys., Gen., West Palm Beach, for appellee.
Defendant appeals a conviction for escape under Section 944.40, F.S. 1969, F.S.A. He was incarcerated pursuant to a conviction for three crimes and was awaiting sentencing at the time of his escape.
The pertinent statutes in force at that time, which have since been changed, defined a prisoner as ". . . any person convicted and sentenced by the courts. . . ." Defendant did not fall within the statutory definition of prisoner at the time because he had not yet been sentenced. We reverse upon authority of Van Den Bliek v. State, 281 So.2d 218, Fourth District Court of Appeal Opinion issued August 6, 1973; Brochu v. State, Fla.App. 1972, 258 So.2d 286 and State v. Benjamin, Fla.App. 1972, 267 So.2d 348.
Reversed.
OWEN, C.J., and MAGER, J., concur.