Florida/Georgia Personal Injury & Workers Compensation

...§ 3559(c), because he previously had been convicted in Florida circuit court of what § 3559(c)(1)(A) deemed a “serious violent felony” and two “serious drug offenses.”28 The felony conviction was for escape, in violation of Fla. Stat. § 944.40....

...violent felony” under 18 U.S.C. § 3559(c). He now appeals the district court’s refusal to sustain the objection. Antonio Sanchez concedes that he was convicted under the Florida statute making the crime of escape a felony, Fla. Stat. § 944.40,31 but argues that, although he was convicted of escape, his actual conduct in committing that offense did not constitute a violation of that statute....

...Instead, his conduct violated Fla. Stat. § 945.091(4), which punishes a failure to return.32 In the alternative, he argues that his escape conviction is void because he was convicted of conduct for which he was not charged. 31 Fla. Stat. § 944.40 provides: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with t...

...Even if we accepted his argument, however, the result would be the same. In essence, as we read Sanchez’s brief, he is contending 25 that his criminal conduct made him eligible only for a violation of Fla. Stat. § 945.091(4), and not Fla. Stat. § 944.40. Conduct that violates § 945.091(4), however, is deemed a violation of § 944.40....

...2d DCA 1987), to resolve conflict with McGeorge v. State, 386 So.2d 29 (Fla. 5th DCA 1980), and Gryca v. State, 315 So.2d 221 (Fla. 1st DCA 1975). Art. V, § 3(b)(3), Fla. Const. Petitioner was charged with escaping or attempting to escape from Polk Correctional Institution in violation of section 944.40, Florida Statutes (1985)....

...------------------------------------------------------------------- None ------------------------------------------------------------------- Attempt 777.04(1) 5.1 ------------------------------------------------------------------- Comment This instruction was adopted in 2007. 27.1 ESCAPE § 944.40, Fla....

...lish beyond a reasonable doubt that while Braddy was confined in or being transported to or from “any prison, jail, road camp, or other penal institution, state, county, or municipal,” Braddy attempted to escape from such confinement. 8 *846 See § 944.40, Fla....

...ments made during the State’s guilt phase closing argument as well. We discuss those challenged comments present in the guilt phase closing argument here and those present in the penalty phase closing argument in section H below. . For purposes of section 944.40, confinement sufficient for a conviction of escape or attempted escape can begin as early as when an individual is placed under arrest, before he is even physically restrained....

... the risks posed by the enumerated crimes? Third, is that crime similar in kind to the enumerated crimes? United States v. Harrison, 558 F.3d 1280, 1287 (11th Cir. 2009). We now turn to the Florida statute at issue. Under Florida Statute § 944.40, Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, . . . working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree . . . . First we note that one violates § 944.40 by escaping from custody or attempting to do so. As the Supreme Court did in Chambers, we distinguish the several separate crimes enumerated in § 944.40: (1) escape from jail; (2) escape from custody while being transported to or from jail; (3) escape from a road camp; (4) escape from custody while working upon the public roads; etc....

...Lee, 586 F.3d 859 (11th Cir. 2009), and its holding that a walkaway escape from an unsecured halfway house is not a crime of violence). 11 in a separate code section. Instead, one convicted of violating § 944.40 was already in custody when he escaped or attempted to do so....

...Ct. at 691. Thus, the relevant category here – or how the crime is ordinarily committed – is an escape from jail or from the custody of law enforcement while being transported to or from jail. Next, we turn to the questions of whether a § 944.40 offense presents a “serious potential risk of physical injury” that is similar in kind and in risk to the enumerated offenses....

...as serious violent felonies but also includes a catch-all phrase: that the crime, “by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense.” The court in Sanchez determined that a violation of § 944.40 did qualify as a serious violent felony and distinguished Chambers, reasoning that an escape was quite different than a nonviolent failure to report and pointing out Sanchez’s purposeful behavior in planning the escape....

...There, we held that “a non-violent walkaway escape from unsecured custody [a halfway house] is not sufficiently similar in kind or degree of risk posed to the 14  Having determined that escape from custody under Fla. Stat. § 944.40 is a violent felony under the ACCA, we affirm the district court’s application of the § 924(e) enhancement to Proch’s sentence. AFFIRMED. ACCA’s enumerated crimes.” Id....

...ges were habitual offender sentences. Therefore, Matthews' escape charge was the only offense considered under the sentencing guidelines originally when the trial court established a sentencing guidelines range. Escape is a second-degree felony. See § 944.40, Fla....

...Appellant asserts that the trial judge erred in allowing the conviction of the prior crime to be revealed to the jury. In support of his position, appellant argues that the existence of a prior conviction and sentence is not an element of the crime of escape. He points out that the escape statute, Section 944.40, Florida Statutes (1977), does not require the state to prove the nature of a prisoner's confinement, or to show that he was lawfully convicted, sentenced and sent to prison. Appellant's observation with respect to Section 944.40 is correct; that section merely states that any prisoner who escapes from confinement shall be guilty of a felony of the second degree....

...Ramsey then turned around and said, "No way", and ran from the scene. Ramsey had not been restrained and the arrest procedure had not progressed to the point where the deputy had removed his handcuffs from their carrying place. *672 Ramsey was charged with escape in violation of section 944.40, Florida Statutes (1981)....

...er had not yet begun. In State v. Akers the facts were the same except Akers had been handcuffed while Ramsey had not. The Akers court did not discuss the issue of whether transportation had begun. Instead, the court held: Construing the statutes [§§ 944.40 and 944.02(5), Fla....

...1978), is analogous to the instant case. The defendant in Johnson was already confined in a county jail but became ill inside the jail. He was escorted to the hospital where he subsequently escaped. After a trial on the charge of escape in violation of section 944.40, Florida Statutes (1975), the defendant in Johnson claimed that there was a variance between the proof and the allegations in that the proof did not show that the defendant escaped while confined in a county jail....

...und guilty of escape. I must dissent because this holding is in clear contravention of the plain language of the escape statute and is therefore erroneous. The district court of appeal correctly analysed the situation and the statutes as follows: If section 944.40 were intended to encompass situations such as the one before us, then the legislature would have provided in the statute that any prisoner who escapes from lawful arrest is guilty of escape....

...43.01 Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509, 812 (except section 812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses d....

...arly, did not treat him as a person in custody, which is clearly evidenced by the fact that the victim was walking in front of Kyser as they crossed the parking lot just before the shooting. Escape, as a criminal offense, is defined and set forth in section 944.40, Florida Statutes (1975), as follows: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement...

...Second, in circuit court case number 83-332, he was convicted of escape and sentenced to three years' imprisonment. Our record does not contain a copy of this sentence, but it would seem this sentence for escape was imposed to run consecutively to the earlier sentence. See § 944.40, Fla....

...Thus, on the face of the trial court's record, the two sentences totaling forty-five years that were imposed in case number 84-1200 must be served consecutively to the sentences imposed in the earlier cases. Notably, because one of those sentences was imposed for escape, that result is also consistent with section 944.40....

...State, which is reported at 416 So.2d 493 (Fla. 5th DCA 1982). This decision conflicts with Fouts v. State, 374 So.2d 22 (Fla. 2d DCA 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The respondent, Donald Williams, was charged, tried and convicted of escape in violation of section 944.40, Florida Statutes (1979), in the circuit court of Marion County, Florida....

...t to support a criminal conviction. 416 So.2d at 494 (citations omitted). The district court's determination that proof that the accused was in "lawful custody" is an essential element of the crime of escape was based on its reading of two statutes. Section 944.40 provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to e...

...dgment of conviction for escape. The petitioner, the State of Florida, argues that once the state proved Williams was a prisoner, carried on the log as such, *15 booked, and wearing prison garb, it had proved Williams was a "prisoner" as required by section 944.40....

...2d DCA 1979), precludes the state from showing the circumstances of William's confinement because of the possible prejudice which would result from introduction of the details of the nature of his arrest. In Fouts, the appellant's status as a prisoner with respect to section 944.40 arose from the fact that he had been convicted of a crime, sentenced and committed to a state correctional institution....

...We feel the presumption of lawful custody exists when the state proves that the person is confined in any "prison, jail, road camp, or other penal institution ... working upon the public roads, or being transported to or from a place of confinement." § 944.40, Fla....

...Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. A jury found 24-year-old Wilton James Langston (Appellant) guilty of escape pursuant to section 944.40, Florida Statutes (1997); and resisting an officer with violence pursuant to section 843.01, Florida Statutes (1997)....

...1996) ("[W]e construe the language of article V, section 4(b) as a constitutional protection of the right to appeal."). [7] See generally Traylor v. State, 596 So.2d 957, 962 (Fla.1992) ("In any given state, the [federal law] thus represents the floor for basic freedoms; the state constitution, the ceiling."). [8] See § 944.40, Fla....

...e. However, ample evidence exists, particularly in the form of admissions by defendant to other inmates, which together with other evidence, was sufficient to show the existence of a conspiracy. Defendant was also charged with escape in violation of section 944.40, Florida Statutes, which provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who...

...ded in s. 775.082, s. 775.083, or s. 775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. The second amended information charged: CHARGE: ESCAPE, in violation of F.S. 944.40 SPECIFICATIONS OF CHARGE: In that MICHAEL JAMES MOREHEAD, on or between the 17th day of April, 1988 and the 20th day of April, 1988, within Volusia County, Florida, while a prisoner confined in the Tomoka Correctional Institute, did then and there escape or attempt to escape from such lawful confinement....

...escape theory. The conviction under this count then can be sustained, if at all, only on an attempted escape basis. See Keel v. State, 438 So.2d 850 (Fla. 1st DCA 1983), cause dismissed, 443 So.2d 979 (1983) (attempted escape is distinct crime under s. 944.40)....

...Emmanuel, supra. Until properly challenged and set aside, however, the detention of the accused by duly authorized law enforcement officials under the warrant or capias is lawful, as that term applies to the "lawful custody" element of the offense of escape. See Section 944.40, Florida *858 Statutes (1981), proscribing the offense of escape by any "prisoner," and Section 944.02, defining "prisoner" as "any person who is under arrest and in the lawful custody of any law enforcement official, ...," etc....

...BOYER, Acting Chief Judge. We here consider an issue of first impression in this State: What degree of intent, if any, is the State required to prove in order to convict an accused of the crime of escape? Appellant, defendant below, charged with escape as defined by F.S. 944.40, was convicted, and sentenced to serve three years in the State Penitentiary....

...3175, sections 494.0018, 496.413, and 496.417, chapter 509, subsections 585.145(3) and 585.85(2), section 687.146, and chapters 812 (except section 812.13), 815, 817, 831, and 832. Category 7: Drugs: Chapter 893. Category 8: Weapons: Chapter 790 and section 944.40....

...This case is a consolidated appeal of four cases involving eleven inmates incarcerated at Florida State Prison in Bradford County, Florida. The inmates were charged with escape on various specific dates from 29 May 1980 through 27 September 1980, contrary to Section 944.40, Florida Statutes (1979)....

...ntiary, nor a misdemeanor inasmuch as the circuit court sentenced him only for contempt. This contention is based obviously on the application of § 34.01(4), Florida Statutes, F.S.A., which gives the county court jurisdiction of misdemeanors and on § 944.40, Florida Statutes, F.S.A., which sets a penalty for escape from a confinement on a charge or conviction of either a felony or a misdemeanor....

...Grebstein v. Lehman, 100 Fla. 481, 129 So. 818. And 12 Am.Jur., Contempt Sections 3, 40, and cases cited. His only lawful method of releasing himself was to serve the sentence in jail or use the "keys to his imprisonment" and pay the required amounts. Section 944.40, Florida Statutes, F.S.A., is inapplicable in this case because said statute sets a penalty relating to a charge or conviction of either a felony or a misdemeanor....

...acquittal upon the charge of escape because the state's evidence was insufficient to sustain a conviction for that offense. The statutory definition of escape is found in chapter 944, Florida Statutes (1991) ("The Florida Corrections Code of 1957"). Section 944.40, Florida Statutes (1991), under which appellant was convicted, provides as follows: Any prisoner confined in any prison, jail, road camp, or other penal institution, state county, or municipal, working upon the public roads, or being t...

...State, 867 So.2d 384 (Fla.2004), we therefore reverse the burglary conviction and sentence. Under the law of Florida, it is clear that the crime of escape was (a) completed when Gaskin first broke away from the officers and (b) did not continue thereafter. [2] See § 944.40, Fla....

...1978), as follows: Escapes from a juvenile facility.-An escape from any training school, or secure detention facility maintained for the treatment, rehabilitation, or detention of children who are alleged or found to have committed delinquent acts or violation of law constitutes escape within the intent and meaning of s. 944.40 and is a felony in the third degree. Section 944.40, Florida Statutes (1977), provides: Escapes; penalty.-Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place...

...shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. Our initial inquiry is whether chapter 78-414, section 17, amends section 944.40 or whether it merely refers to and incorporates section 944.40. If chapter 78-414, section 17, is a reference statute or if it only impliedly amends section 944.40, then the constitutional provision quoted above is *1229 inapplicable....

...at 698. The Court held this statute did not violate the constitutional prohibition against amendment by reference to title only. Similarly, chapter 78-414, section 17, may be read as prohibiting from juvenile facilities escapes such as those regulated in section 944.40, Florida Statutes (1977). The defense argues that this is more than a reference statute because the effect of chapter 78-414, section 17 is to broaden the scope of section 944.40 to include persons detained at juvenile facilities. Prior to the enactment of chapter 78-414, § 17, escape from a juvenile detention facility did not constitute a violation of section 944.40. Prince v. State, 360 So.2d 1161 (Fla. 4th DCA 1978); In the Interest of F.G., 349 So.2d 727 (Fla. 4th DCA 1977). Arguably, therefore, the legislature was trying to amend section 944.40 to include juvenile detention center escapes when it enacted chapter 78-414, section 17....

...reconcilable conflict between the two statutes. We find no such conflict or repugnancy. Rather, the statutes complement each other and may be read in pari materia. Since we find that chapter 78-414, section 17, neither expressly nor impliedly amends section 944.40, the provisions of article III, section 6, are simply inapplicable....

...*204 Michael Minerva, Public Defender, and Janice G. Scott, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant seeks review of the judgment and sentence for escape, Section 944.40, Florida Statutes (1975)....

...lachua General Hospital for treatment. Appellant escaped while at the hospital. Appellant asserts there is a fatal variance because the evidence did not reveal that appellant escaped from the confinement of the Alachua County Adult Detention Center. Section 944.40, Florida Statutes (1975), provides: "Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, working upon the public roads, or being transported to or from a place of confinement wh...

...Section 39.061 provides: An escape from any secure detention or any residential commitment facility of restrictiveness level VI or above maintained for the treatment or rehabilitation of children found to have committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree....

...tion to charge violation of section 39.061, Florida Statutes (Supp. 1990), the new juvenile escape statute. Section 39.112 was repealed, effective October 1, 1990, when section 39.061 became effective. See Ch. 90-208, §§ 5 and 17, Laws of Fla. [2] Section 944.40, Florida Statutes (1989), provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon public roads, or being transported to or from a placement of confinement wh...

..."2. That on May 9, 1975, the State Nolle Prosequied the foregoing information. "3. That on May 9, 1975, Information # 75.-262-CFA, B, C, which is the subject of this motion, was filed charging a new charge of Attempted Escape under Florida Statute 944.40, and in Count 2, charged verbatim the same offense of Contraband in County Detention, that was Count 2 of Information # 75-195-CFA, B, and C....

...Durocher, Public Defender, and Clyde E. Wolfe, Asst. Public Defender, Kissimmee, for petitioner. Jim Smith, Atty. Gen., Tallahassee, and Jon B. Morgan, Asst. State's Atty., Kissimmee, for respondent. COBB, Judge. Petitioner Gardner is charged with escape in violation of section 944.40, Florida Statutes (1979)....

...[2] Condition (4), "[y]ou will live and remain at liberty without violating any law," does not apply because the defendant's failure to appear was simply not in violation of any particular statutory provision certainly not, as the state suggests, the escape statute, Section 944.40, Florida Statutes (1977), which requires the prior confinement of a prisoner....

...r courts martial have been adopted for use by the state militia. See § 250.35, Fla. Stat. (1985). The state further argues that an A.W.O.L. offense is analogous to section 901.11, Florida Statutes, involving the effect of not answering a summons or section 944.40, Florida Statutes, governing escapes....

...$100. When a person fails to appear as commanded by a summons, the magistrate shall issue a warrant. If the magistrate acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, he may issue a warrant. Section 944.40 provides as follows: Escapes; penalty....

...The elements of this offense are: (1) defendant resisted, obstructed or opposed the victim; (2) at the time the victim was engaged in the execution of legal process or lawful execution of a legal duty; and (3) at the time the victim was an officer. Fla. Std. Jury Instr. (Crim.) 21.2. Escape is defined in section 944.40, Florida Statutes (2001) as: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, ......

...presented in this case. We find no abuse of discretion in giving the State's requested instruction. See James v. State, 695 So.2d 1229 (Fla.1997); Carpenter v. State, 785 So.2d 1182 (Fla.2001). AFFIRMED. PETERSON and ORFINGER, JJ., concur. NOTES [1] § 944.40, Fla....

...Douglas E. Shaffner, pro se. No appearance for the State. NIMMONS, Judge. Shaffner appeals from a final order denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. Appellant was charged under Section 944.40, Florida Statutes (1987), with escape from a work release program....

...Escape, Case No. 2036, charged that petitioner in Seminole County "* * * did unlawfully and feloniously being a prisoner at State Road Prison Camp #57, did *236 escape from said prison, without the permission * * *" on May 27, 1964, (proscribed by Section 944.40, F.S.A.)....

...The applicable rule here also is former rule 3.191(b)(1), Florida Rules of Criminal Procedure. [1] That rule provides that a prisoner in Florida, charged with a misdemeanor or a nonviolent felony, must be brought to trial within one year without demand. The charge of escape is a nonviolent felony. See § 944.40, Fla....

...as it deems advisable. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days in order to obtain further appellate review. Reversed. SCHEB, A.C.J., and RYDER and PARKER, JJ., concur. NOTES [1] § 944.40, Fla....

...Four days later, Fulkerson left the confines of the Pasco County Jail without any release procedure. Fulkerson had been in jail at all times between May 23, 1972, and July 31, 1972. Fulkerson was charged with felonious escape from confinement under F.S. 944.40, F.S.A....

...941.15, F.S.A., and that no extension of confinement had been sought by the State pursuant to F.S. 941.17, F.S.A. The trial judge concluded that Fulkerson was being unlawfully held at the time of his unauthorized departure and, therefore, could not be convicted of escape. While F.S. 944.40, F.S.A....

...auderhill police at the time of his alleged escape, we reverse his conviction and sentence for escape. Defendant was charged by information with escape while in the lawful custody of the Lauderhill Police Department on July 27, 2005, in violation of section 944.40, Florida Statutes....

...Under similar facts, this court in Ramsey held that while the defendant might be charged with resisting arrest, he could not be charged with escape because under the facts of the case he could only be charged with escape if he were being "transported to ... a place of confinement ...". See section 944.40, Florida Statutes (1981)....

...dant here was under arrest, thus presumptively in lawful custody. See State v. Williams, 444 So.2d 13 (Fla. 1984). For the purposes of the motion to dismiss, defendant was a "prisoner." The question then is whether defendant violated Florida Statute Section 944.40 (1981) which reads: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or att...

...e the habitual offender statute to enhance Smith's sentence beyond the statutory maximum in the light of Whitehead v. State, 498 So.2d 863 (Fla. 1986)? We respond in the affirmative. The statutory maximum sentence for escape, a second degree felony, § 944.40, Fla....

...As his first point on appeal, Sweeney argued that the charge of armed escape was not supported by the evidence, thereby vitiating the charge of attempted first degree felony murder of a law enforcement officer as well, since there would be no underlying felony. The statutory definition of escape is contained in section 944.40, Florida Statutes (1991), which provides in pertinent part: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a...

...The state appeals an order dismissing the escape count of an information filed against appellee William Akers for failure to allege facts sufficient to establish a prima facie case. Appellee was charged in Count I of a three-count information with escape in violation of Section 944.40, Florida Statutes (1977)....

...That there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the Defendant. The state responded that the facts and other matters alleged by appellee were not sufficient to constitute lawful grounds for dismissal. Section 944.40, Florida Statutes (1977), provides that: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confineme...

...es while being transported to or from a place of confinement shall be guilty of a felony. We acknowledge that prior to the amendment of these statutory provisions in 1971, only persons who were convicted and sentenced could violate the provisions of Section 944.40, Florida Statutes (1969)....

...Watford v. State, 353 So.2d 1263 (Fla. 1st DCA 1978). Appellant admits that he was in lawful custody and that he fled from the scene without permission of the arresting officer. We do not believe that the legislature perceived that the phrase found in Section 944.40 "being transported to or from a place of confinement ..." should be interpreted as meaning that a defendant must be in a penal institution at the time of escape....

...88-85, 88-90, 88-91, 88-138, and 90-3106. We affirm in part and reverse in part for the following reasons. In case number 88-85, Appellant pleaded nolo contendere and was adjudicated guilty of attempted first-degree murder and escape in violation of section 944.40, Florida Statutes....

...Count two of the information charged that Appellant "did unlawfully attempt to escape from JUVENILE DETENTION CENTER while under the lawful custody of the authorized officers of the HRS by virtue of committment [sic] by a Circuit Court, contrary to Section 944.40, Florida Statutes. " (Emphasis added.) Appellant points out that section 944.40 provides that escape from an adult prison or jail is a second-degree felony, while escape from a juvenile detention facility is a third-degree felony under section 39.112....

...nment imposed on the escape charge exceeds the five-year statutory maximum for third-degree felonies and is illegal. Appellant contends this is fundamental error that must now be corrected. The state responds that Appellant pleaded to a violation of section 944.40 and did not appeal that adjudication of guilt on that charge when it was made in 1988, and thus should not now be heard to complain as he has waived this defect....

...The factual allegations in count two are sufficient to state a violation for escape from a juvenile detention facility, but they clearly do not allege escape from an adult prison or jail. For this reason, Appellant's admitted escape is governed by section 39.112, not section 944.40. When allegations of fact in an information are sufficient to allege all the elements of an offense, such allegations of fact will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 in the instant case should be treated as a scrivener's error....

...By his return to the writ and photostated copies of the official records of the trial court appended thereto, the respondent has made it appear that the petitioner is presently serving a term of two years imposed upon him for the substantive offense of escape, as denounced by § 944.40, Fla....

...Mayo, supra [66 So.2d 874], no such showing was made by the petitioner here. The petitioner also contends that a person cannot lawfully be charged and convicted of an escape while confined on a felony charge, until he is tried and convicted of such felony. This contention is also without merit. Our statute, § 944.40, Fla....

...felony or a misdemeanor according as the *676 imprisonment was for a crime of the one grade or the other. Bishop on Criminal Law, 9th ed., § 1072, p. 802; Wharton's Criminal Law, 12th ed., § 2019. It might be noted that escape statutes similar to § 944.40, supra, by the great weight of authority, are valid as against a contention that they deny equal protection of the law....

...term of imprisonment, under the lawful custody of the authorized officers of the Florida Department of Corrections, by virtue of being a work release prisoner, the defendant failed to remain within the extended limits of his confinement, contrary to section 944.40 Florida Statutes....

...The DCA affirmed the conviction, finding that Pumphrey was a "prisoner" under section 944.02(5), Florida Statutes (1985), which provides: "[p]risoner" means any person who is under arrest and in the lawful custody of any law enforcement official... and that he had "escaped" under section 944.40, Florida Statutes (1985): Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony......

...trial court either to follow the guidelines or to state clear and convincing reasons for departure. Pumphrey's petition for review was granted based on conflict with Williamson, a revocation of probation case in which the district court stated that section 944.40 "requires the prior confinement of a prisoner." Williamson, 388 So.2d at 1347 n....

...The court observed in footnote 2: Condition (4), "[y]ou will live and remain at liberty without violating any law," does not apply because the defendant's failure to appear was simply not in violation of any particular statutory provision — certainly not, as the state suggests, the escape statute, Section 944.40, Florida Statutes (1977), which requires the prior confinement of a prisoner....

...After the court found Thomas guilty of escape, the state dismissed its alternate charge of resisting arrest without violence. Thomas was also convicted of driving with a suspended license. *104 We conclude that the trial court's ruling was supported by the record. Section 944.40, Florida Statutes (1999), provides that: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality,......

...ouse for a specified purpose. Accepting these facts as true, we conclude that there was a constructive seizure or detention before Thomas entered his aunt's house. The supreme court, in State v. Ramsey, 475 So.2d 671, 672 (Fla.1985), recognized that section 944.40 applies where a defendant escapes from custody after being arrested....

...When another officer arrived to take the defendant into custody, he had already left the scene. Id. Pumphrey v. State, 527 So.2d 1382 (Fla. 1988), is also distinguishable. There, the supreme court determined that an incarcerated defendant on a 24-hour furlough from which he did not return, was not a prisoner for purposes of section 944.40, Florida Statutes, because he had been formally released from jail....

...walk to his designated work location, Checkers, but did not report on time. Williams showed up at work ninety minutes late. Upon arriving at work, the police immediately arrested Williams, and the State later charged him with escape in violation of section 944.40, Florida Statutes (2004). Williams moved to dismiss the charge under Florida Rule of Criminal Procedure 3.190(c)(4), arguing that as a participant in a work release program, he was not a confined inmate under section 944.40....

...The purpose of a motion to dismiss *401 is to allow a pretrial determination of the law of the case when the material facts are not in dispute. [1] Id. at 681. Our standard of review of the trial court's order is de novo. Id. Florida's escape statute, section 944.40, states: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with the state, a county...

...State, 678 So.2d 901, 901 (Fla. 5th DCA 1996) ("We would agree with [the defendant charged with escape] if the state had *402 relied only on his failure to report to work. . . ."). We agree with the Fifth District's suggestion. Williams was not a confined inmate under sections 944.40 and 951.24 when he was released from the work release center....

...t was when he did not arrive for work." However, Williams' reason for being late to work is not a material fact because it has no bearing on whether Williams, as a participant in a work release program, was "confined" under Florida's escape statute, section 944.40, Florida Statutes (2004)....

...At that time, it provided: An escape from any secure detention or any residential commitment facility of restrictiveness level VI or above maintained for the treatment or rehabilitation of children found to have committed delinquent acts or violation of law constitute escape within the intent and meaning of section 944.40 and is a felony of the third degree....

..., training school, or secure detention facility maintained for the treatment, rehabilitation, or detention of children who are alleged or found to have committed delinquent acts or violation of law constitutes escape within the intent and meaning of s. 944.40 and is a felony in the third degree....

...ering with the intent to commit a felony. Subsequently, Estep escaped from the jail. An officer may arrest a person without a warrant if a felony has been committed and the officer reasonably believes the person committed it. Section 901.15(2), F.S. Section 944.40, F.S., under which Estep was charged, provides that any prisoner confined in a jail who escapes from confinement shall be guilty of a felony in the second degree....

...Where the Legislature intended for the endeavor or attempt to commit a crime to be included as a violation of the substantive offense, it has so stated. See, e.g., § 918.14, Fla. Stat. (1975) (witness tampering); § 812.014, Fla. Stat. (1993) (theft); § 944.40, Fla....

...." The trial court entered a single order denying both motions on grounds that appellant was estopped to challenge the sentence after misrepresenting his age, and on authority of Smith v. State, 345 So.2d 1080 (Fla. 3d DCA 1977). Appellant was again arrested on April 26, 1988 for escape, in violation of section 944.40, Florida Statutes....

...The trial court granted Pollen's motion for judgment of acquittal with respect to resisting an officer without violence, but denied judgments of acquittal as to the other three counts. The jury found Pollen guilty of theft of more than $300, escape, and witness tampering. II. ESCAPE Section 944.40, Florida Statutes (2001) provides, in pertinent part, that "[a]ny prisoner ......

...POLEN, C.J., and DELL, J., concur. GROSS, J., concurs specially with opinion. GROSS, J., concurring specially. Appellant was charged in this case with first degree felony murder under section 782.04(3), Florida Statutes (1999). The underlying felony was escape. See § 944.40, Fla....

...Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee. HARRIS, Judge. The issue in this case is whether Eric S. Early was sufficiently "confined" in order to qualify as an escapee under the terms of section 944.40, Florida Statutes (1995)....

...Early failed to report to work on schedule, he was ordered to return to the Work Release Facility by a time certain. He failed to so report and in due course was convicted of escape. He contends that he was not sufficiently confined in the Daily Reporting Program to meet the requirements of section 944.40....

...rcumstances. In the interest of justice, Jones should be afforded this opportunity. Accordingly, we reverse all three convictions and remand for new trial. REVERSED and REMANDED. PETERSON, J., concurs. COWART, J., dissents without opinion. NOTES [1] § 944.40, Fla....

...rm. *419 The remaining valid point Peterson raises is that he was incorrectly charged as a principal in the first degree for aiding and abetting the escape of another. For the escape charge he was subject to the penalties for a second-degree felony, section 944.40, Florida Statutes (1987), and his use of a firearm enhanced the penalty to that of a first-degree felony, section 775.087(1)(b), Florida Statutes (1987)....

...Hebert also indicated he "believed" he heard the officer tell him he was under arrest. The crime of "escape" is defined to include the circumstance when a "prisoner" "being transported to or from a place of confinement" "escapes . . . from such confinement." § 944.40, Fla....

...Accordingly, we reverse the departure sentences and remand for imposition of a guidelines sentence in accordance with the plea bargain. AFFIRMED in part; REVERSED in part and REMANDED. THOMPSON, J., concurs. DAUKSCH, J., dissents without opinion. NOTES [1] § 810.02, Fla. Stat. (1989). [2] § 790.01, Fla. Stat. (1989). [3] § 944.40, Fla....

...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Farrow appeals from his sentence imposed under the Sentencing Guidelines, Fla. *690 R.Crim.P. 3.701, for the crime of escape. § 944.40, Fla....

...[1] However, the court did not specify in its written judgment whether the sentence was to run concurrently or consecutively. Appellant argues that the trial judge should have imposed a concurrent sentence. We think the trial court was correct in imposing a consecutive sentence. [2] Section 944.40, provides, in pertinent part, "the punishment of imprisonment imposed under this section shall run consecutively to any former sentence imposed upon any prisoner." Construing a prior statute containing similar wording, the Florida Supr...

...In this appeal we must determine whether the legislature, in listing "escape" as a violent crime triggering the ten-year minimum sentence for possession of a firearm, intended to include escape from a Jimmy Ryce facility in that enumerated offense category. Florida's primary escape statute, Fla. Stat. section 944.40, makes it a felony of the second degree for a prisoner to escape or attempt to escape from any penal institution....

...The state calls our attention to the contrasting language of the habitual offender statute, section 775.084(1)(d), Florida Statutes, which defines a "violent career criminal" as having committed three offenses from a list of offenses, which includes "[e]scape, as described in s. 944.40." The state aptly argues that if the legislature had intended to limit escapes to escapes from prison for purposes of the 10/20/Life statute, it would have added the words "as described in s.944.40" to the general term "escape," as it did in the habitual offender statute....

...Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee. RAWLS, Acting Chief Judge. The question presented here is whether one who fails to timely return from a furlough from county jail may be charged with the crime of escape pursuant to Florida Statute 944.40....

...Appellant failed to return to the county jail at the designated hour and was later picked up in Jacksonville by the "chief". Appellant was charged with the crime of escape, plead guilty, was adjudged guilty and sentenced to a term of five years to run consecutive to the term then being served. Florida Statute 944.40 clearly provides that a prisoner who escapes from confinement in a county jail shall be guilty of a second degree felony....

...He also argues that Florida Statute 951.24 is inapplicable, since he was simply on furlough and not working. Therefore, he could not be charged with escape because there is no statutory provision dealing with the factual situation presented by this case. This court declines to construe Florida Statutes 944.40 and 951.24 in a manner which would permit a county prisoner whose furlough became a "lost weekend" to remain at-large indefinitely without punishment, while subjecting a prisoner slow in returning from vocational school to be charged with the commission of a felony....

...to elude lawful authority you should find him not guilty of the crime of escape." The trial court ruled that the defendant's testimony did not establish the elements of a "necessity" defense and refused to give the requested instruction. We reverse. Section 944.40, Florida Statutes (1981), proscribes an escape or attempted escape from a jail or correctional facility....

...g] the `narrow but time-honored defense of necessity available to a prisoner whose escape has been motivated by sufficiently perilous circumstances ...'" Helton v. State, 311 So.2d 381, 383 (Fla. 1st DCA 1975). The application of these principles to Section 944.40 is as follows: "......

...s for the escape. The sole error in this appeal lies with the insufficiency of the evidence to support the judgment of conviction of escape as the State failed to prove that the defendant was a prisoner in custody serving a sentence. Florida Statute § 944.40 (1969), F.S.A....

...vehicle are affirmed. The judgment of conviction and sentence of two years for the crime of escape is set aside. Affirmed in part and reversed in part. SPECTOR, C.J., and CARROLL, DONALD K., J., concur. NOTES [1] The term "prisoner" as used in F.S. § 944.40 (1969), F.S.A....

...§ 944.02(5) (1969), F.S.A., viz.: "(5) `Prisoner' means any person convicted and sentenced by the courts and committed to the state prison, prison farm, or penitentiary, or to the custody of the division, as provided by law." [2] We note that F.S. §§ 944.40 and 944.02 (5) were amended in 1971, but as amended are not applicable to the instant cause.

...f the court costs imposed at the time of his sentencing, committed error by not notifying the Department of Corrections of Millard's eligibility for gain time. Pursuant to a plea of nolo contendere, Millard was found guilty of escape in violation of Section 944.40, Florida Statutes (1985), on 3 March 1986....

...Gen., Tallahassee, for appellee. PER CURIAM. AFFIRMED. SMITH, C.J., and WENTWORTH and WIGGINTON, JJ., concur. ON MOTION FOR REHEARING SMITH, Chief Judge. Appellant David Johnson has filed a motion for rehearing in which he urges that his conviction for escape under Section 944.40, Florida Statutes (1985), must be overturned in light of Pumphrey v....

...Ramsey then turned around and said, "No way!" and ran from the scene. At no time was Ramsey restrained and the arrest procedure had not progressed to the point where the deputy had removed his handcuffs from their carrying place. The statute with which we are concerned is section 944.40, Florida Statutes, (1981), which provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confine...

...The state contends that if Ramsey were a prisoner under section 944.02(5) and thus in lawful custody at the time that he left the scene of arrest, then he was, as part of the arrest procedure, in the process of being transported to a place of confinement. We do not agree. If section 944.40 were intended to encompass situations such as the one before us, then the legislature would have provided in the statute that any prisoner who escapes from lawful arrest is guilty of escape....

...In reaching the opposite conclusion, the trial court relied upon State v. Akers, 367 So.2d 700 (Fla. 2d DCA 1979), a case factually distinguishable from this case only in that Akers had been handcuffed while Ramsey had not. In Akers, the court stated: Construing the statutes [§§ 944.40 and 944.02(5), Fla....

...es while being transported to or from a place of confinement shall be guilty of a felony. We acknowledge that prior to the amendment of these statutory provisions in 1971, only persons who were convicted and sentenced could violate the provisions of Section 944.40, Florida Statutes (1969)....

...currently with each other and with the sentence he was serving at the time he escaped. Likewise, he was not given credit for jail time served awaiting disposition. The trial judge, realizing he had erred in imposing concurrent sentences because F.S. § 944.40 requires any sentence on a charge of escape to be served consecutively, called the appellants before him for resentencing....

...s] hands behind [his] back." McKinnon also complied with this request; however, when the deputy began to place the handcuffs on McKinnon, he "took off running." McKinnon was apprehended shortly thereafter and subsequently charged with a violation of section 944.40, Florida Statutes (2006), which provides in relevant part: Any prisoner ....

...It merely says D.F. escaped from "Brevard Halfway House ... maintained for the treatment, rehabilitation or detention of children who are alleged or found to have committed delinquent acts or violation of law, contrary to section 39.112, Florida Statutes (1989) and section 944.40, Florida Statutes." (emphasis supplied) A criminal conviction based on a nonexistent statute should be reversed....

...— An escape from any secure detention or any residential commitment facility of restrictiveness level VI or above maintained for the treatment or rehabilitation of children found to have committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree.

...ck Urbanczyk and fled. Moving for judgment of acquittal, Spann's counsel argued that the state failed to prove a prima facie case that Spann was in lawful "custody," a required element of escape, prior to fleeing. The trial court denied this motion. Section 944.40, Florida Statutes, defines the crime of escape as committed when "[a]ny prisoner ......

...Ramsey then turned around and said, `No way,' and ran from the scene." Id. ("Ramsey had not been restrained and the arrest procedure had not progressed to the point where the deputy had removed his handcuffs from their carrying place."). The court addressed the issue of when "transportation" begins under section 944.40, defining escape to occur when a prisoner "being transported to or from a place of confinement" escapes "from such confinement." § 944.40, Fla....

...We reverse and remand for resentencing. Trueblood, a juvenile, tendered a plea of nolo contendere to a charge that he, “while a prisoner in the lawful custody of HRS Detention Facility, did then and there escape from such lawful confinement, contrary to Section 944.40, Florida Statutes.” Section 944.40 makes it a second-degree felony for a “prisoner” to escape from “any prison, jail, road camp, or other penal institution, state, county, or municipal.” The trial court accepted Trueblood’s plea and, after making findings on f...

...ile detention facility, contrary to section 39.061, Florida Statutes. In Danzy , the juvenile appellant received a 6-year sentence after pleading nolo conten-dere to an identical charge of “escape from a juvenile detention facility in violation of § 944.40.” Danzy argued that escape from a juvenile detention facility was contrary to section 39.112 (predecessor of section 39.-061), and a third-degree felony, thus he could be sentenced to no more than the 5-year statutory maximum....

...This court agreed, holding that [t]he factual allegations ... are sufficient to state [the offense] of escape from a juvenile detention facility, but they clearly do not allege escape from an adult prison or jail. For this reason, appellant’s admitted escape is governed by section 39.112, not section 944.40. When allegations of fact in an information are sufficient to allege all the elements of an offense, such allegations of fact will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 in the instant case should be treated as a scrivener’s error....

...residential commitment facility defined in s. 39.01(61)(c) and (d), maintained for the custody, treatment, or rehabilitation of children found to have committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony in the third degree. The state argues that by enactment of section 39.061, the legislature intended to adopt by specific reference all of the "ramifications" of section 944.40, Florida Statutes, including the attempt to escape. The latter section provides: 944.40 Escapes; penalty....

...1978), a predecessor to section 39.061 which contained provisions with differences insignificant to the issue on appeal. In State v. J.R.M., 388 So.2d 1227 (Fla. 1980), the court explained that the then-existing section 39.112 was a "reference statute" which referred to section 944.40: which refer to and by the reference wholly or partially adopt pre-existing statutes....

...im as an armed career criminal. Under Florida law, an escape is defined broadly in one statute as "any prisoner confined in... jail, ... or being transported to or from a place of confinement who escapes or attempts to escape from such confinement." § 944.40, Fla....

...imprisonment in the State Prison, and Whereas, on March 18, 1969, the said Leone filed in the trial Court his motion to vacate and set aside said sentence on the sole ground that the statute making escape from lawful custody a criminal offense, F.S. § 944.40, F.S.A., was unconstitutional, and Whereas, on March 20, 1969, said motion to vacate aforesaid was denied by the trial Court, pursuant to which said Leone, on April 2, 1969, filed his notice of appeal to this Court from said order, and *405...

...The sentence imposed by the trial judge in the forgery matter did not exceed the maximum allowed by law. In this regard, therefore, it was perfectly legal. The sentence imposed by the trial judge for escape from Apalachee Correctional Institution was within the limits authorized by law. This sentence also was valid. Section 944.40, Florida Statutes, 1957, F.S.A....

Florida Statutes; and (2) escape, pursuant to section 944.40, Florida Statutes. As noted in Inciarrano,

...ic] program of the Hillsborough County Jail, did escape or attempt to escape from such *398 confinement." [1] Gregory moved to dismiss the information, contending that being restricted to his home did not constitute confinement within the purview of section 944.40, Florida Statutes (1987)....

...It is clearly contemplated that at all other times the inmate will be confined under the control of a corrections officer. [4] That is not the case with Gregory who was under no structured or supervised confinement. He was not "confined" within the meaning of section 944.40 and, therefore, could not escape....

...Hillsborough County Jail." Comments of the prosecutor to the court indicate that the program is a form of house arrest similar in design to community control. The authority for the program is cited as § 951.24, Fla. Stat. (1987) (work release). [2] 944.40 Escapes; penalty....

...s mother, who was his legal guardian, that the charges were pending against him. In view of certain prior decisions of this Court the respondent submits the matter for appropriate disposition by us. We have held that the crime of escape condemned by Section 944.40, Florida Statutes, F.S.A., is a substantive offense subject to punishment in the manner therein prescribed....

...he jury. The state responds that introduction of the Information was necessary to prove that appellant was in lawful custody, a necessary element to the current charge of escape from lawful confinement. The statute under which appellant was charged, section 944.40, Florida Statutes (1985), provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement wh...

...ncurrent minimum three-year terms. Our interpretation of legislative intent here is supported by the fact that whenever the legislature wishes to require a sentence to be served consecutively, they have affirmatively provided for its imposition. See Section 944.40, Florida Statutes (1975), mandating the sentence of one convicted of escape to run consecutive to any former sentence....

...In pertinent part, the information alleged that Mr. Banasik, “while a prisoner in the lawful custody of a law enforcement officer and while being transported to or from a place of confinement, did escape or attempt to escape from such custody,” contrary to sections 944.40 and 951.24, Florida Statutes (2002). Section 944.40 provides as follows: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with the sta...

alleged that Poillot “did, in violation of Florida Statute 944.40, while a prisoner confined in any prison

...lish eight levels of restrictiveness. Obviously, the power to make laws has been delegated to the legislature under article III, section 1 of our constitution, and the legislature has clearly set forth a legislative policy criminalizing escapes. See § 944.40, Fla....

...Shortly thereafter, Poillot left his place of employment without permission and was unaccounted for until he timely returned to the work release center before 6:00 p.m., at which time he was placed under arrest for escape.” Id. at 1072. Poillot was charged by amended information with escape pursuant to section 944.40, Florida Statutes....

...Id. -2-  The Fifth District reversed, “[c]oncluding that the undisputed material facts are legally sufficient to withstand a motion to dismiss.” Id. at 1071. “In determining whether the State sufficiently demonstrated a prima facie case of escape under section 944.40 in the context of this case, [the Fifth District] also examine[d] section 945.091, Florida Statutes (2014), which authorizes the DOC to extend the limits of a prisoner’s confinement.” Id....

...lege to participate in the program may have been withdrawn, he still must have been aware of or notified of his termination from employment or revocation from the work release program in order to sustain the charge of escape. We disagree.2 Section 944.40, Florida Statutes, provides that a prisoner who escapes confinement commits a second-degree felony: Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution,...

...the state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree . . . . § 944.40, Fla....

...deemed as an escape from the custody of the department and shall be punishable as prescribed by law. § 945.091, Fla. Stat. (2014) (emphasis added). Under section 945.091(4), an inmate on authorized work release can be guilty of escape under section 944.40 in at least two different ways: (1) by willfully failing to remain within the extended limits of his or her confinement; or (2) by willfully failing to return within the time prescribed to the place of confinement....

...6.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters 509, 812 (except section 812.13), 815, 817, 831, and 832 Category 7 Drugs: Chapter 893 Category 8 Weapons: Chapter 790 and section 944.40 Category 9 All other felony offenses *772 [[Image here]] *773 [[Image here]] *774 [[Image here]] *775 [[Image here]] *776 [[Image here]] *777 [[Image here]] *778 [[Image here]] *779 [[Image here]] *780 [[Image here]] *781 [[Image here]...

...He was expected to return the following Sunday. J.A.G. was not located for some three and one-half weeks thereafter. Appellee State of Florida charged J.A.G. with violating section 985.3141, Florida Statutes (2001). Although section 985.3141 does not define escape, the reference to section 944.40, Florida Statutes (2001), within that section incorporates the adult escape statute. “Escape,” as defined by section 944.40, requires flight from confinement....

...Adult prisoners may be “deemed” to have escaped by failing to return to confinement within a prescribed time. It is section 945.091, Florida Statutes (2001), that defines that offense. The juvenile escape statute at issue in this case, section 985.3141, references only section 944.40....

...Because there was no evidence that J.A.G. actually escaped from confinement, the trial court erred in denying the motion for judgment of acquittal because the evidence was insufficient to prove that J.A.G. committed an escape from confinement within the meaning of sections 985.3141 and 944.40....

...of the grounds available to the appellant. We do note, however, that the appellant was sentenced to a term of five years “ . . . [t]o run concurrent with sentence imposed. . . . ” in the cause for which he was incarcerated in the first instance. Section 944.40, Florida Statutes provides, inter alia: The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner....

...ter. The trial court correctly denied the motion because Appellant had signed paperwork prior to starting work release notifying him he faced a penalty of up to 15 years in prison for escape. Even if the paperwork *528 did not specifically reference section 944.40, Florida Statutes, which sets forth the punishment for escape, Appellant was sufficiently on notice he could go to prison for escaping while on work release....

Constitution, inasmuch as it purports to amend Section 944.40 by reference to its title only. That statutory

...Appellant says the trial judge erred in refusing to advise the jury á la Tascano v. State, 393 So.2d 540 (Fla.1980) that any sentence of incarceration or probation which might be imposed would be consecutive. Appellant is correct that the sentence must be consecutive. § 944.40, Fla....

section 39.112, Florida Statutes (1989) and section 944.40, Florida Statutes.” (emphasis supplied) A criminal

...released on his own recognizance for a limited period of time. He thus concludes that he did not meet the definition of “prisoner” found in section 944.02(5), Florida Statutes (1985), and could not have been found guilty of escape as defined in section 944.40, Florida Statutes (1985). We disagree with appellant’s argument. According to section 944.40, “[a]ny prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement” is guilty of escape....

...Blaxton ever got off the jail's premises, he was discovered, his jail uniform was found along with a small quantity of cocaine, and he confessed to what he had done. The second-degree felony of escape does not distinguish between an attempt and a successful escape. See § 944.40, Fla....

WALDEN, Judge. Defendant appeals a conviction for escape under Section 944.40, F.S.1969, F.S.A....

that F.S. section 921.16, F.S.A., and F.S. section 944.40, F.S.A., preclude Petitioner’s serving con*151current

...proof designed to show that appellant attempted to escape from the common jail of Escambia County as charged in the information. The judgment appealed is reversed and the cause remanded for a new trial. JOHNSON, C. J., and RAWLS, J., concur. . F.S. § 944.40, F.S.A....

...If applied literally this would mean that the escape sentence from Duval County was intended to run concurrently with the escape sentence from Alachua County. As so applied Tirko would have served his time on September 12, 1965. The solution, however, is not quite so simple. Section 944.40, Florida Statutes, F.S.A., defines and provides a penalty of imprisonment for the crime of escape....

...When such is the case the Division of Corrections has no administrative authority to delete any part of it or add any provision to it, even when to do so would more nearly comport with the wording of a statute. The sentence imposed by the Du-val County Criminal Court of Record is clearly inconsistent with the requirements of Section 944.40, supra, and it must be set aside....

...t to section 985.417, Florida Statutes (2005), to the Okeechobee Juvenile ■ Offender Corrections • Center (OJOCC). Subsequently, appellant was charged by information with Escape from Juvenile Facility (count I), pursuant to sections 985.3141 and 944.40, Florida Statutes (2005), and Escape (count II), pursuant to section 944.40, Florida Statutes (2005). The charges arise from an alleged unsuccessful attempt to escape from the OJOCC on March 5, 2005. Section 985.3141 deals with escape attempts, as defined by section 944.40, from detention facilities for children. Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the DOC pursuant to section 944.02(6), Florida Statutes (2005)....

...State, 603 So.2d 1320 (Fla. 1st DCA 1992); State v. Varela, 636 So.2d 559 (Fla. 5th DCA 1994). Because King attempted to escape from a juvenile detention facility, the trial court did not err in finding that the applicable statute is section 985.3141 and not 944.40....

944.40 and is a felony in the third degree. Section 944.40, Florida Statutes (1977), provides: Escapes;

HOBSON, Acting Chief Judge. Appellant, Steven Thomas, entered a plea of nolo contendere to a charge of escape in violation of § 944.40 F.S., was ad *488 judged guilty and sentenced to ten years imprisonment....

APPEAL DISMISSED. COBB and W. SHARP, JJ., concur. § 944.40, Fla. Stat. (1995). Anders v.California, 386

PER CURIAM. In the instant case, appellant argues that his conviction and sentence for escape under section 944.40, Florida Statutes (1997), must be vacated because as a civil detainee of the federal Immigration and Naturalization Service (INS), he was not a “prisoner” subject to the statute....

...rections Corporation of America (CCA), a private firm that operates the jail, and the INS. In July 1997, appellant and three others absconded from the jail, but they were quickly captured. Whereupon, appellant was charged with escape in violation of section 944.40, Florida Statutes, and grand theft of an automobile....

...In addition, appellant attempted to present this same theory of defense in closing argument, but the court disallowed it upon the state’s objection. Accordingly, the issue has been preserved for our review. Appellant was charged with escape under section 944.40, which provides as follows (emphasis added) in pertinent part: Escapes; penalty....

...risoner” in section 944.02(5), Fla. Stat. was inapplicable. Appellant had completed service of his previous state sentence, and at the time of the breakout he was not under any criminal sentence either federal or state. Thus to charge escape under section 944.40, the state had to allege and show that appellant was a “prisoner” by virtue of his being, at the time of the breakout, “under arrest and in the lawful custody of any law enforcement official.” In the information, the state alle...

...tly in favor of the accused. See § 775.021, Fla. Stat. Thus, the question in this case is whether the civil nature of appellant’s arrest and detention precludes his being considered a “prisoner” as defined by section 944.02(5) for purposes of section 944.40....

...son “convicted and sentenced” and, although it was undisputed that defendant absconded from convict camp, state never established that defendant was “convicted and sentenced” at that time). To be a “prisoner” under sections 944.02(5) and 944.40, therefore, Florida law requires that the person be “under arrest,” i.e., held with regard to criminal charges....

...ment and sentence of the State of Florida.” Id. at 869 . He was thus still serving the Florida sentence at the time of his escape from his confinement “in any prison, jail, road camp or other penal institution, state, county or municipal.” See § 944.40....

PER CURIAM. Jimmie Williams appeals his conviction and sentence for attempted escape under section 944.40, Florida Statutes (1999), which prohibits the escape of any prisoner who is in confinement or being transported to or from a place of confinement....

...is equivalent to “law enforcement officer” as defined in section 943.10(1), Florida Statutes (1999), or section 784.07(l)(a), Florida Statutes (1999), which would exclude a private security guard. *1264 The supreme court has stated that sections 944.40 and 944.02(5) should not be narrowly construed in a manner that would vitiate the legislature’s clear intent to prohibit persons in lawful custody from escaping....

...75, sections 494.0018, 496.413 and 496,417, and chapters 509, subsections 585.145(3) and 585.85(2), section 687.146, and chapters 812 (except section 812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses [[Image here]] *272 [[Image here]] *273 [[Image here]] *274 [[Image here]] *275 [[Image here]] *276 [[Image here]] *277 [[Image here]] *278 [[Image here]] *279 [[Image here]] *280 [[Image here]] *2...

...Since the appellant was not in custody on a former sentence at the time of escape, but rather on a traffic warrant, the trial judge was not required to sentence consecutively on the escape charge, but had the discretion to impose either a consecutive or concurrent sentence. See Section 944.40, Florida Statutes: “The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner.” (e.s.) We therefore reverse the sentence on the escape conviction and remand the cause for reconsideration and clarification by the trial court....

...chapter 509, subsection 517.301(l)(a), subsections 585.145(3) and 585.85(2), section 687.146, and chapters 812 (except section 812.13), 815, 817, 831, and 832. Category 7: Drugs: Section 499.005 and chapter 893. Category 8: Weapons: Chapter 790 and section 944.40....

. §§ 784.03 and 784.07, Fla.Stat. (1991). . § 944.40, Fla.Stat. (1991). .The minimum term of fifteen

SHIVERS, Judge. Michael M. Ramadanovic and Frank W. Pehringer appeal their conviction, after a jury trial, of the offense of attempted escape from lawful confinement in violation of section 944.40, Florida Statutes....

...en lawfully confined in a prison, jail, road camp, or other penal institution, or working upon the public roads, or being transported to or from such place of confinement, did unlawfully escape or attempt to escape from such confinement, contrary to Section 944.40, Florida Statutes, [emphasis supplied] Section 944.40 reads: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree_(emphasis supplied). Florida Standard Jury Instruction on Escape reads: ESCAPE F.S. 944.40 Before you can find the defendant guilty of Escape, the State must prove the following three elements beyond a reasonable doubt: 1....

...Then defense counsel told the judge that he had thought the court was going to give the standard instruction. The court then advised counsel that [what he had given] was the standard on escape. Since the appellants were charged with attempt to escape from lawful confinement contrary to section 944.40, Florida Statutes, it was essential that the jury be completely instructed on that statutory violation. The instruction given by the trial court omitted the last line of the standard instruction “intending to avoid lawful confinement.” In Helton v. State, 311 So.2d 381 (Fla. 1st DCA 1975) defendant was charged with escape as defined by section 944.40, Florida Statutes, which read the same then as it does now and as it did on November 18, 1983....

...of children found to have committed delinquent acts or violations of law, or from lawful transportation to or from any secure detention facility or residential commitment facility, in violation of Florida Statutes 985.721 and 944.40[.] The juvenile filed a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4)....

...over to DJJ … told him specifically you are placed in secure detention until placement.” 7  Further, as our supreme court indicated in State v. Ramsey, 475 So. 2d 671 (Fla. 1985), involving escape under section 944.40, Florida Statutes, a comparable statute: Since a suspect does not become a “prisoner” until he is placed under arrest, and since he cannot be transported to a place of confinement until he becomes a prisoner,...

...Since he was charged in both counts with burglary of a dwelling, these offenses were second degree felonies, Section 810.02(3), Fla.Stat. (1977), punishable by up to fifteen years in prison. Section 775.082(3)(c), Fla.Stat. (1977). Appellant’s five year sentence on the escape charge, which is also a second degree felony, Section 944.40, Fla.Stat....

...is cause for further proceedings. See Poillot v. State, 200 So. 3d 743 (Fla. 2016) (holding that participation in Work Release Program is still confinement such that deviation from Work Release Program established prima facie case of escape under section 944.40, Florida Statutes (2014)); Early v. State, 678 So. 2d 901 (Fla. 5th DCA 1996) (holding that defendant’s failure to return to Work Release Facility as ordered constituted escape under section 944.40, Florida Statutes (1995))....

...Public Defender, for appellant. Robert L. Shevin, Atty. Gen., Donald K. Rudser, Asst. Atty. Gen., for appellee. NESBITT, Associate Judge. The appellant seeks reversal from his judgment of conviction for the crime of escape from a prosecution under F.S. § 944.40, F.S.A....

...§ 125.01(1), F.S.A., in order to alleviate over-crowding at the respective jail facilities. The municipal jailers in charge of the jail from whose actual confinement the evidence shows appellant to have escaped had not been deputized by the County Sheriff. In denouncing the crime of escape, F.S. § 944.40, F.S.A., does not employ the term "custody"; however, it is settled that in a prosecution thereunder the State must allege and prove that such escape was from "lawful custody", Fulford v....

...90-7069, 90-7747, or 90-7748. Petition for Mandamus DENIED; Future Pro Se Filings PROHIBITED. PALMER and MONACO, JJ., concur. . § 812.13(2)(a), Fla. Stat., a first-degree felony punishable by life. . § 810.02, Fla. Stat., a first-degree felony punishable by life. . § 944.40, Fla....

conviction consecutively to any former prison sentence. § 944.40, Fla.Stat. (1991). At re-sentencing, the trial

...of which are subsumed by the greater offense. Id. In this case, the offenses are not degrees of the same crime; resisting without violence is not a lesser-included category of escape, and the two offenses do not require identical elements of proof. Section 944.40, Florida Statutes, governing escape, covers multiple circumstances in which a prisoner, in lawful custody, including transport to a place of confinement, escapes, or attempts to escape by intending to avoid lawful confinement....

whether the trial court erred in interpreting Section 944.40, Florida Statutes (1983), to require the imposition

BOARDMAN, Acting Chief Judge. Appellant challenges his conviction and sentence for escape under section 944.40, Florida Statutes (1981), on three grounds; we reverse on the basis of the sole point which we consider to have merit. Appellant allegedly escaped from the Lee County jail while awaiting sentencing on three convicted offenses. During the jury trial on the escape charge, the state attempted to establish appellant’s status as a prisoner under section 944.40 by showing that he had been lawfully arrested, incarcerated, brought to trial, convicted, and held without bond pending sentencing on the three convicted offenses....

...We believe that this prejudicial testimony necessitates a new trial. The supreme court held in State v. Williams, 444 So.2d 13, 15 (Fla.1984), that a presumption of lawful custody exists when the state proves that an accused was confined in any of the penal institutions described in section 944.40....

...The appellant, Richard Ramsey, appeals from his judgment and sentence. We find that certain costs were improperly imposed, *743 and we reverse the judgment as to those costs. After a jury found the appellant guilty of the crime of escape, a violation of section 944.40, Florida Statutes (1983), the trial court sentenced appellant to ten years in prison and orally pronounced its intention to impose $250 court costs and a $750 public defender’s lien upon him....

guilty of the crime of escape, a violation of section 944.40, Florida Statutes (1983), the trial court sentenced

Joseph Martin, with escape, in violation of section 944.-40, Florida Statutes, F.S.A. At the time he was

arrest warrant was executed for “escape” under Section 944.40, Florida Statutes (1979). This set of facts

...Whitton, Panama City, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, for Appellee. PER CURIAM. On this appeal from denial of a motion filed under Florida Rule of Criminal Procedure 3.850, Jose Cupon seeks to overturn his conviction for escape in violation of section 944.40, Florida Statutes (1997)....

PER CURIAM. The appellant herein was charged in the Criminal Court of Record, in and for Dade County, Florida, by information, of the crime of attempting to> escape in violation of Fla.Stat. § 944.40, F.S.A. He entered a plea of not guilty, waived a jury trial and was found guilty by the trial court of this charge. He appeals from that adjudication of guilt and sentence. In essence, he argues that the provision of Fla.Stat. § 944.40, F.S.A....

...The defendant was lawfully arrested prior to the commencement of his traffic sentences and he was in jail not only for the traffic offenses but also pursuant to an information which charged him with a crime constituting a felony under the laws of the State of Florida. Fla.Stat. § 944.40, F.S.A., therefore, would apply....

...We reverse the order dismissing the information and remand this cause for further proceedings. See Poillot v. State, 200 So.3d 743 (Fla. 2016) (holding that participation in Work Release Program is still confinement such that deviation from Work Release Program established prima facie case of escape under section 944.40, Florida Statutes (2014)); Early v. State, 678 So.2d 901 (Fla. 5th DCA 1996) (holding that defendant’s failure to return to Work Release Facility as ordered constituted escape under section 944.40, Florida Statutes (1995))....

...The appellant argues that the legislature cannot rob the trial judge of all discretion in deciding whether to impose a consecutive or concurrent sentence. Should this issue arise again on remand, we note that mandatory consecutive sentencing has been held proper under the escape statute, section 944.40, Florida Statutes (1983)....

...4th DCA 1977) pointed out that Section 416.06 of the Florida Statutes provides that “a detention home shall not be deemed to be, nor treated as a penal institution, but a home.” As a result a child could not commit the crime of escape embodied in Section 944.40, Florida Statutes (1979): Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes...

...ldren to the Division of Youth Services of the Department of Health and Rehabilitative Services did not constitute evidence of legislative intent to include juvenile detention facilities “within the definition of penal institutions as set forth in Section 944.40, Florida Statutes.” Ibid, at 1163....

...That section now provides: An escape from any training school or secure detention facility maintained for the treatment, rehabilitation, or detention of children, who are alleged or found to have committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony in the third degree. Our Supreme Court recently had occasion to consider the relationship between Section 39.112 and Section 944.40....

...n unconstitutional attempt to amend. *1184 No violence is done to the rule of strict construction of criminal statutes by recognizing that the legislature in enacting Section 39.112 intended to adopt by specific reference all of the ramifications of Section 944.40, including flight while in transit....

PER CURIAM. Affirmed. See Jarrell v. State, 576 So.2d 793 (Fla. 2d DCA 1991)(holding that mandatory consecutive sentencing for escape is proper); § 944.40, Fla....

...Miller was first sentenced as a youthful offender on the grand theft charge. Moments later, the trial judge pronounced a consecutive, adult sentence for escape. The record reflects that at the time, the sentencing judge, apparently believed that he was required by the language of Section 944.40, Florida Statutes (1979) to deliver consecutive sentences....

...al. Among those other grounds asserted are the following: a. He was not charged by indictment but rather by information; b. The plea of guilty was incompetent and involuntary; c. He was not given effective assistance of counsel; d. Florida Statutes, Section 944.40, F.S.A....

...In fact, there is no federal constitutional impediment to dispensing entirely with the grand jury in state prosecutions. Beck v. Washington, 1962, 369 U.S. 541 , 82 S.Ct. 955 , 8 L.Ed.2d 98 . * * * ” Ibid, at 1030. This Court will also dispose of the constitutional assault launched on Florida Statutes, Section 944.40, F.S.A....

...Upon reading the statute now under attack it is obvious to this Court that the conduct proscribed by the statute is “sufficiently definite” and that it is not necessary to guess at its meaning and application. Therefore, this Court finds that Florida Statutes, Section 944.40, F.S.A....

...Oftentimes, a mere bare-bone allegation claiming a violation of constitutional dimension will not suffice to meet that burden. Accordingly, it is ORDERED: Leave to proceed in forma pauperis is hereby granted. As to the allegations attacking the validity of Florida Statutes, Section 944.40, F.S.A....

PER CURIAM. Laird was found guilty of “escape” in violation of section 944.40, Florida Statutes (1979), and the trial judge sentenced him to five years imprisonment....

...st the 18 year sentence. Respondent does advise that a tentative release date has been set for September 8, 1967. The respondent insists that the judge was wrong in setting aside the escape sentence, which he claims had already expired. By virtue of Section 944.40, Florida Statutes, F.S.A., the escape sentence of June 21, 1960, was “in addition to any former sentence imposed upon” the escapee....

PER CURIAM. Appellant appeals his conviction and sentence for escape under section 944.40, Florida Statutes (2010), following his entry of a no contest plea to that offense....

...ital, where he remained under DJJ supervision. Appellant escaped from the hospital. “The applicable escape statute depends on the location of the defendant at the time of the attempt....” State v. King, 968 So.2d 658, 658 (Fla. 4th DCA 2007). “Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the [Department of Corrections] pursuant to section 944.02(6), Florida Statutes.... ” Id. In contrast, section 985.721, Florida Statutes (2010), “deals with escape attempts, as defined by section 944.40, from detention facilities for children.” Id....

...As a result, we reverse and remand with directions to the trial court to afford appellant the opportunity to withdraw his plea. Reversed and remanded for appellant to be provided with an opportunity to withdraw his plea. WARNER, GROSS and LEVINE, JJ., concur. . A conviction under section 944.40, Florida Statutes (2010), is a second-degree felony, punishable by a term of imprisonment not exceeding fifteen years, while a conviction under section 985.721, Florida Statutes (2010) is a third-degree felony, punishable by *454 an imprisonment term not exceeding five years....

...omobile. This court reversed Villegas Alen’s escape conviction, concluding that the defendant, who was a civil detainee of the Immigration and Naturalization Service at the time of the incident, was not a “prisoner” subject to punishment under section 944.40, Florida Statutes....

...Tragically, appellant collided with a police car and killed the policeman in the car. Appellant was then put under control and taken into custody, in which he remains. The statute which defines escape, and which elevates appellant’s homicide offense to the highest level is section 944.40. 944.40 Escape; penalty....

...and theft does not exist because the attempt itself is included within the statutory definition of grand theft. However, a comparison of the statute involved in Sykes , Section 812.014, Florida Statutes, and the statute involved in the present case, Section 944.40, Florida Statutes, shows that the rationale of Sykes does not apply in this case....

...1 Section 812.014 states that “a person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another ...,” i.e., the definition of theft includes *851 the attempt. There is, however, no comparable definition of escape in Section 944.40. Section 944.40 states that an escape or attempt to escape, alternatively, constitutes a second degree felony....

...r endeavors to obtain or to use; the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom. (b) To appropriate the property to his own use or to the use of any person not entitled thereto. Section 944.40 provides: Any person confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to esc...

theft and the kidnapping sentence. Although section 944.40, Florida Statutes, mandates that any punishment

...scaped, from an officer or person who has or is entitled to the lawful custody of such person.” § 843.12. In Applewhite v. State, 874 So.2d 1276, 1277 (Fla. 5th DCA 2004), the defendant was charged with and found guilty of escape, in violation of section 944.40, Florida Statutes (2001)....

...(4). Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509, 812 (except section 812.13), 815, 817, 831, and 832. Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses RULE 3.988 FORMS d....

...Section 39.061 provides: An escape from any secure detention or any residential commitment facility of restrictiveness level VI or above maintained for the treatment or rehabilitation of children found to have committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree....

...etition to charge violation of section 39.061, Florida Statutes (Supp.1990), the new juvenile escape statute. Section 39.112 was repealed, effective October 1, 1990, when section 39.061 became effective. See Ch. 90-208, §§ 5 and 17, Laws of Fla. . Section 944.40, Florida Statutes (1989), provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon public roads, or being transported to or from a placement of confinement wh...

escape from lawful custody in violation of F.S. § 944.40, F.S.A. Naylor plead guilty to the escape charge

then, the courts will continue to read into section 944.40, Florida Statutes (1979) the element of “lawful

...According to an arrest report, which was completed and signed by a Putnam County Deputy Sheriff and which was received in evidence at the hearing on the motion for discharge, Strickland was arrested on May 4,1982, by the deputy on a charge of escape under Section 944.40, Florida Statutes....

...G., a child, 349 So.2d 727 (Fla. 4th DCA 1977), this court determined, in view of the express language of Section 416.06, Florida Statutes, 1 that a juvenile escaping from a county detention home could not be found guilty of the crime of escape under Section 944.40, Florida Statutes....

...s of the board of commissioners for the respective counties, as envisioned by *1163 Chapter 416, Florida Statutes. 3 Therefore, appellee urges that detention homes now fall within the purview of a state penal institution as that term is set forth in Section 944.40, Florida Statutes....

...ildren in Palm Beach County. See Section 959.022(2)(d), Florida Statutes. However, we are unable to find any evidence to indicate that the legislature intended through the enactment of ch. 959 to bring such detention facilities within the purview of Section 944.40, Florida Statutes....

...Appellant at the time of her leaving detention was at such a detention facility. We determine that such a juvenile detention facility where juveniles are supervised pending disposition of the matters for which they were taken into custody do not fall within the definition of penal institutions as set forth in Section 944.40, Florida Statutes....

...Accordingly, the judgment is reversed with directions to discharge the appellant, Georgia Mae Prince. Reversed and remanded, with directions. . Section 416.06, Florida Statutes, provides in relevant part: “A detention home shall not be deemed to be, nor treated as a penal institution, but a home.” . Section 944.40, Florida Statutes, provides: “Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon public roads, or being transported to or from a place of confinement who escape...

committed a delinquent act or violation of section 944.40, Florida Statutes (1977).1 The undisputed facts

...the curtains closed, and held the occupants (a woman and her three year old son) captive until sometime after 2:00 p.m. He was arrested later the same day and was subsequently charged by amended information with the crimes of escape in violation of section 944.40, Florida Statutes (1985), robbery in violation of section 812.13, Florida Statutes (1985), burglary of a dwelling in violation of section 810.02, Florida Statutes (1985), and two counts of kidnapping in violation of section 787.01, Florida Statutes (1985)....

...rt; (2) was confined in any penal institution; or being transported to or from a place of confinement; or was working on a public road; and (3) escaped or attempted to escape, intending to avoid lawful confinement. See Fla.Std. Jury Inst. (Crim.); §§ 944.40, 944.02(5), Fla.Stat....

...term because he had violated the terms of his probation. 2 We agree with the trial judge that Yates was charged with a violation of the “escape” statute. 3 Initially Yates argues he did not flee from a penal institution described in the statute. Section 944.40, Florida Statutes (1979) provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, .....

...terms of his probation. He was at that time a “prisoner” within the meaning of the criminal law 5 and he was a person under sentence of imprisonment. Peek v. State, 395 So.2d 492 (Fla. 1980). AFFIRMED. DAUKSCH, C. J., and ORFINGER, J., concur. . § 944.40, Fla.Stat....

...The information provided: ROBERT EAGAN, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Osceola County, CHARGES that on the 3rd day of November, 1979 in said County and State, HOWARD CURTIS YATES did, in violation of Florida Statute 944.40 unlawfully and feloniously while in the lawful custody of the Department of Corrections Kissimmee Community Correctional Center, after having been found guilty by the Circuit Court of Suwannee County, Florida, and having been committed to the...

...rectional Center pursuant to an Order of Modification of Probation on July 16, 1979 by the Circuit Court of Suwannee County for burglary, constituting a felony under the laws of the State of Florida, escape from such incarceration and confinement. . § 944.40, Fla.Stat....

...The Court has now received the reply of respondents and has reviewed and considered the entire file. The facts are undisputed. Petitioner is held by respondents pursuant to a conviction for violation of Section 26-7, Ordinance Code of the City of Jacksonville (disorderly conduct), as well as a conviction for violation of Section 944.40 of the Florida Statutes, F.S.A. (escape from a municipal jail). Section 26-52, Ordinance Code of the City of Jackson *1195 ville, makes a violation of Section 944.40 of the Florida Statutes, F.S.A....

had escaped from custody, thereby violating F.S. § 944.40, F.S.A.). The judgment thereupon continues: “THEREFORE

...rted to or from a placement of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree. K.A.N. v. State, 582 So. 2d 57, 59 n.2 (Fla. Dist. Ct. App. 1991) (quoting FLA. STAT. § 944.40 (1989))....

...The escape report was canceled. At 3:30 p.m. on February 15, 1988, the defendant left the center without permission, and an escape report was again initiated. From this description, we cannot tell whether McCarthan was convicted under Fla. Stat. § 944.40 or Fla....

...e has the option of imposing a departure sentence if supported by valid written reasons. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); State v. Betanc ourt, 552 So.2d 1107 (Fla.1989). Sentences VACATED; REMANDED. DAUKSCH and COWART, JJ., concur. . § 944.40, Fla.Stat....

MAY, J. The defendant appeals his conviction and sentence for escape in violation of section 944.40, Florida Statutes (2003). He argues the court erred in denying his motion for judgment of acquittal because the State failed to prove the crime of escape alleged in the Information. We agree and reverse his conviction and sentence. Section 944.40, Florida Statutes (2003), under which the State charged the defendant, provides that “[a]ny prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution ......

...” The Information alleged that on “November 22, 2003 [the defendant] *277 did unlawfully, while confined in a state or county penal institution, or working upon the public roads, or being transported to or from a place of confinement, escape from such confinement, in violation of Florida Statute 944.40.” The facts presented at trial are not in dispute....

...ement. The trial court denied the motion. The jury found the defendant guilty. The trial court sentenced the defendant to fifty-four months in state prison. The single issue raised is whether the State failed to prove the allegations of escape under section 944.40, Florida Statutes (2003), as alleged in the Information. The defendant argues the State could not establish the elements of the alleged crime because the facts failed to establish that he escaped from a place of confinement or while being transported to or from a place of confinement, pursuant to section 944.40, Florida Statutes (2003)....

...190, 193 (1939)). In Banasik , the State alleged the defendant, “while a prisoner in lawful custody of a law enforcement officer and while being transported to or from a place of confinement, did escape or attempt to escape from such custody,” in violation of section 944.40 (pertaining to the state correctional system) and 951.24(4) (pertaining to county and municipal prisoners), Florida Statutes (2002)....

...without permission to do so. Id. at 918 . The Second District reversed and remanded with instructions to discharge the defendant. *278 This case is directly analogous to Bana-sik. In both situations, the State charged the defendant with escape under section 944.40. However, the facts proved only that the defendants left their respective worksites without permission. These facts do not support the allegations of an escape, pursuant to section 944.40....

...s (2019), and a citation to section 784.049(2)(c) is included for “reasonable expectation of privacy.” Instruction 27.1 is rewritten to reorganize the elements and also includes “released on furlough” in accord with an amendment to section 944.40, Florida Statutes (2019), by chapter 2019-167, section 54, Laws of Florida. The amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use....

...Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2015 [163 So. 3d 478] and amended in 2018 [257 So. 3d 370], and 2020. 27.1 [ATTEMPTED] ESCAPE § 944.40, Fla....

articulated the elements of escape as set forth in Section 944.40, Florida Statutes (1983). See Johnson v. State

PER CURIAM. This is an appeal by the state from a trial court order dismissing an information under Fla.R.Crim.P. 3.190(c)(4). The information charged the defendant Rodney Knox with the crime of escape [§ 944.40, Fla....

...police officer who was authorized to release the defendant, because only a person with apparent police authority could have unlocked the police car in which the defendant was confined. This being so, the state had no prima facie case of escape under section 944.40, Florida Statutes (1987), because the defendant, as a matter of law, had no criminal intent to escape from lawful confinement, Ramadanovic v....

PER CURIAM. Affirmed. Price v. State, 333 So.2d 84 (Fla. 1st DCA 1976); Section 944.40, Fla....

PER CURIAM. While a participant in the Department of Corrections supervised community release program, the appellant left his approved residence, his mother’s house. For this behavior, he was charged with and convicted of escape, in violation of section 944.40, Florida Statutes (1987)....

...The escape statute states: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony.... § 944.40, Fla.Stat....

...Villegas-Alen, this court overturned the escape conviction on the ground that, because Villegas-Alen was a detainee with the Immigration and Naturalization Service, he was not a “prisoner” subject to conviction for escape under the provisions of section 944.40, Florida Statutes (1997), Florida’s escape statute....

...decisions. We denied habeas relief to Cu-pón, however, finding that in his direct appeal Cupon’s appellate counsel did not argue that, since Cupón was an INS detainee and not a “prisoner,” he was not subject to a conviction for escape under section 944.40, but instead “argued that the escape conviction should be reversed because the Bay County Jail annex, where Cupon and Villegas-Alen were being held, was operated by a private corporation under contract with the county.” Cupon v....

...resented by each were not identical. Id. Cupón has again petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failure to raise the issue, preserved below, that an INS detainee is not a “prisoner” under section 944.40 and, thus, a detainee cannot be convicted of escape....

STEVENSON, J. Appellant pled no contest to one count of escape, pursuant to section 944.40, Florida Statutes (1997), and to one count of grand theft auto, pursuant to section 812.014(2)(e), Florida Statutes (1997), and the trial court imposed concurrent sentences of 65 months in prison on the escape charge and 60 months on the grand theft auto charge....

Judge. Rehearing of 407 So.2d 1128, is denied. See § 944.40, Fla.Stat. (1967) [emphasis added]; State v. Culver

...3.-01 Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509, 812 (except section 812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses d....

...ion” to modify the term “escape” in the third section of the instruction. See Howell v. State, 503 So.2d 409 (Fla. 1st DCA 1987) (holding that escape instruction given to the jury sufficiently articulated the elements of escape as set forth in section 944.40, Florida Statutes, even though it deviated from the standard jury instruction)....

775.0823(5), 787.01(1)(a), Fla.Stat. (1989). . § 944.40, Fla.Stat. (1989). . § 775.0875, Fla.Stat. (1989)

...ter to the trial court with instructions to resentence appellant, imposing a single sentence as to each crime. Appellant will be present at the time of sentencing. *357 REVERSED and REMANDED with instructions. SCHEB, C. J., and DANAHY, J., concur. . § 944.40, Fla.Stat....

...As a matter of fact the return in the instant matter advises that the original warrant has by now completely disappeared and is nowhere to be found. A copy of the warrant attached to the return fails to reflect any return of the Lake County Sheriff showing its execution. The offense of escape is defined by Section 944.40, Florida Statutes, F.S.A....

SHOLTS, Judge. On December 23, 1970, an information was filed in the Court of Record of Bro-ward County, florida charging appellant with escape under § 944.40, F.S.1969, F.S....

PER CURIAM. Affirmed. See: Section 944.40, Fla....

...Thereafter, upon the entry of the order vacating her community control, the trial court had the authority to impose any lawful sentence. The ten-year term of imprisonment that the trial court imposed is a lawful term for this second-degree felony. See § 944.40, Fla....

...d for correction of credit awarded, as indicated above. Second, the State argues on cross appeal that the trial court erred in ordering appellant’s 12-year sentence for escape in Case No. 86-1360 to run concurrently with the other sentences, since section 944.40, Florida Statutes, requires that sentences imposed for escape “shall run consecutive to any former sentence imposed upon any prisoner.” We disagree, and affirm as to this issue....

of one escape in 1970. Prior to 1969, F.S. Section 944.40, F.S.A., the escape statute, declared that

furlough did not constitute escape as defined in section 944.40, Florida Statutes (2014). Rodriguez was

prosecuted under the general escape provision, section 944.40, Florida Statutes. State v. J.A.,384 So.2d

adopted in 2016, 27.1 [ATTEMPTED] ESCAPE § 944.40, Fla. Stat. (including § 945.091(4), Fla

CURIAM. The only issue presented here is whether Section 944.40 of the Florida Statutes includes escapes from

...Instead, the motion attempts to bring procedurally barred and untimely challenges to the conviction. See Fla. R. Crim. P. 3.850. Appellant alleges in Ground 1 that his fifteen year sentence exceeds the statutory maximum. This allegation is false as escape is a second-degree felony. § 944.40, Fla....

MILLS, Chief Judge. Dyal appeals from his conviction for escape on the ground that he was not a state, county, or municipal prisoner as defined by Section 944.40, Florida Statutes (1977), at the time of his escape....

...It was charged by information that while in the County of Nassau and State of Florida in lawful custody and having been confined in a penal institution of Nassau County, Florida, to wit, the Nassau County Detention Facility, he did escape from such confinement, contrary to the provisions of § 944.40....

...arshal. After the motion was denied, Dyal entered a nolo plea expressly reserving the right to appeal the denial of the motion to dismiss and was sentenced, upon prior agreement, to one year and one day consecutive to the sentence he was then under. Section 944.40 provides: *869 944.40 Escapes; penalty....

...il. Whether the federal authorities maintained constructive custody and could prosecute Dyal is not a question we need to address. Dyal’s own statement of the facts makes it clear that he was confined in a county detention facility, as required by Section 944.40, and none of the facts as stated by him denies the fact that the custody was lawful....

...tutes (1977), which specifically authorizes county jailers to receive United States prisoners. Since the custody was lawful and since the escape was from a county detention facility, the undisputed facts establish the offense of escape as defined by Section 944.40....

constitute escape within the intent and meaning of section 944.40 and is a felony of the third degree. This case

legislative policy criminalizing escapes. See § 944.40, Fla.Stat. (1989). Section 39.061 further defines

GUNTHER, Judge. Edward Thomas Francis was convicted of escape contrary to section 944.40, Florida Statutes (1979)....

including: Category 8: Weapons: Chapter 790 and section 944.40. Category 9: All other felony offenses. The

...what Appellant claimed was an illegal sentence. In his motion, Appellant contended that the elements of escape were not met because he only went onto the roof of Taylor Correctional Institution while he was in custody and did not actually leave the prison. See § 944.40, Fla....

...guilty of only attempted escape, an attempt to escape from lawful confinement satisfies that element of the crime of escape. See Keel v. State, 438 So. 2d 850 (Fla. 1st DCA 1983); Fla. Std. Jury Instr. (Crim.) 27.1. Escape, whether attempted or completed, is a second degree felony under section 944.40, punishable by up to fifteen years in prison pursuant to section 775.082(3)(c), Florida Statutes (2010)....

...State, 113 So.2d 572 (Fla. 2d DCA 1959), to support his argument that sameness of name is insufficient to establish his identity as the John Edward Sullivan who was previously committed to the Pinellas County Jail. To support a conviction for escape under section 944.40, Florida Statutes (1981), the state must prove beyond a reasonable doubt that appellant escaped from “lawful custody.” Warren v....

...No. E-002340), for a writ of habeas corpus, the same must be and it is hereby denied on the authority of State ex rel. Wilson v. Culver (Fla.1959), 110 So.2d 674 . It appears that the petitioner was convicted of the offense of escape, as denounced by § 944.40, Florida Statutes, F.S....

...classification and habitual offender, to the sentencing guidelines. The present text of the note speaks only to reclassification and has generated confusion. i) The scoring of the offense of escape is moved from category 9 to category 8. In addition section 944.40, Florida Statutes (1971), is added to category 8 under Appendix B of the guidelines manual and to rule 3.701(c)....