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Florida Statute 944.40 | Lawyer Caselaw & Research
F.S. 944.40 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.40
944.40 Escapes; penalty.Any prisoner confined in, or released on furlough from, 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, 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, punishable as provided 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.
History.s. 38, ch. 57-121; s. 1, ch. 65-224; s. 1, ch. 69-332; s. 1170, ch. 71-136; s. 5, ch. 99-271; s. 54, ch. 2019-167.

F.S. 944.40 on Google Scholar

F.S. 944.40 on Casetext

Amendments to 944.40


Arrestable Offenses / Crimes under Fla. Stat. 944.40
Level: Degree
Misdemeanor/Felony: First/Second/Third

S944.40 - ESCAPE - PRISONER ESCAPE OR ATTEMPT ESCAPE - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

DE JUAN, v. STATE, 249 So. 3d 681 (Fla. App. Ct. 2018)

. . . See § 944.40, Fla. . . . Escape, whether attempted or completed, is a second degree felony under section 944.40, punishable by . . .

HARRIS, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 709 F. App'x 667 (11th Cir. 2018)

. . . . § 944.40. . . .

RODRIGUEZ, v. STATE, 224 So. 3d 811 (Fla. Dist. Ct. App. 2017)

. . . failure to return from his one-day pretrial furlough did not constitute escape as defined in section 944.40 . . . County Branch Jail, did escape or attempt to escape from such confinement, contrary to Florida Statutes 944.40 . . . Section 944.40 provides: Any prisoner confined in any prison, jail, private correctional facility, road . . . Florida Supreme Court held that a pretrial detainee could not be convicted for escape under section 944.40 . . . argued that upon the granting of his furlough request, he was not a prisoner as defined in section 944.40 . . .

STATE v. VANCE,, 218 So. 3d 499 (Fla. Dist. Ct. App. 2017)

. . . such that deviation from Work Release Program established prima facie case of escape under section 944.40 . . . defendant’s failure to return to Work Release Facility as ordered constituted escape under section 944.40 . . .

J. POILLOT, v. STATE, 200 So. 3d 743 (Fla. 2016)

. . . Poillot was charged by amended information with escape pursuant to section 944.40, Florida Statutes. . . . determining whether the State sufficiently demonstrated a prima facie case of escape under section 944.40 . . . Section 944.40, Florida Statutes, provides that a prisoner who escapes confinement commits a second-degree . . . who escapes or attempts to escape from such confinement commits a felony of the second degree. ... § 944.40 . . . Under section 945.091(4), an inmate on authorized work release can be guilty of escape under section 944.40 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 199 So. 3d 234 (Fla. 2016)

. . . This instruction was adopted in 2016, 27.1 [ATTEMPTED] ESCAPE § 944.40, Fla. Stat. . . .

McCARTHAN, v. WARDEN, FCI ESTILL,, 811 F.3d 1237 (11th Cir. 2016)

. . . . § 944.40 (1989)). . . . Stat. § 944.40 or Fla. Stat. § 945.091(4). . . . .

UNITED STATES v. CUMMINGS, a. k. a., 628 F. App'x 719 (11th Cir. 2016)

. . . . § 944.40, qualified as a violent felony under the Armed Career Criminal Act’s residual clause, 18 U.S.C . . . Stat. § 944.40 does not have “as an element the use, attempted use, or threatened use of physical force . . .

STATE v. J. POILLOT,, 173 So. 3d 1070 (Fla. Dist. Ct. App. 2015)

. . . In the amended information, the State alleged that Poillot “did, in violation of Florida Statute 944.40 . . . In pertinent part, section 944.40, Florida Statutes (2014), provides as follows: Any prisoner confined . . . who escapes or attempts to escape from such confinement commits a felony of the second degree.... § 944.40 . . . determining whether the State sufficiently demonstrated a prima facie case of escape under section 944.40 . . . Under Poillot’s interpretation, the only way to violate section 944.40 when on work release is to fail . . .

UNITED STATES v. B. HALL,, 567 F. App'x 896 (11th Cir. 2014)

. . . . § 944.40, constituted a “crime of violence” under U.S.S.G. §§ 2K2.1 and 4B1.2. I. . . . Stat. § 944.40. . . . We have recognized that § 944.40 can be violated in at least four ways: (1) escape from jail; (2) escape . . .

CHAPLIN, v. WARDEN, U. S. ATTORNEY GENERAL,, 564 F. App'x 438 (11th Cir. 2014)

. . . . § 944.40 was not a violent felony in light of Begay v. . . . Stat. § 944.40 was not a violent felony under the Armed Career Criminal Act (ACCA). . . . Stat. § 944.40 was a violent felony under the ACCA during his trial and sentencing in 2003, direct appeal . . . Stat. § 944.40 constituted a violent felony under the ACCA. See Williams, 713 F.3d at 1345. . . . Stat. § 944.40 (1985). . . . .

STEED, v. STATE, 120 So. 3d 113 (Fla. Dist. Ct. App. 2013)

. . . . § 944.40, Fla. Stat. (1985). . . .

B. BRUGMANN, v. STATE, 117 So. 3d 39 (Fla. Dist. Ct. App. 2013)

. . . to appear, pursuant to section 843.15(1)(a), Florida Statutes; and (2) escape, pursuant to section 944.40 . . .

LACEY, v. STATE, 114 So. 3d 452 (Fla. Dist. Ct. App. 2013)

. . . Appellant appeals his conviction and sentence for escape under section 944.40, Florida Statutes (2010 . . . “Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the . . . contrast, section 985.721, Florida Statutes (2010), “deals with escape attempts, as defined by section 944.40 . . . A conviction under section 944.40, Florida Statutes (2010), is a second-degree felony, punishable by . . .

UNITED STATES v. STUCKEY,, 499 F. App'x 862 (11th Cir. 2012)

. . . .] § 944.40 and is a felony of the third degree.” Fla. Stat. . . . Under § 944.40, “[a]ny prisoner confined in any prison, jail, private correctional facility, road camp . . . Id. § 944.40. . . . conviction for escape from jail or from custody while being transported to or from jail, pursuant to § 944.40 . . .

BRADDY, v. STATE, 111 So. 3d 810 (Fla. 2012)

. . . See § 944.40, Fla. Stat. (1997). . . . For purposes of section 944.40, confinement sufficient for a conviction of escape or attempted escape . . .

L. C. G. v. STATE, 91 So. 3d 197 (Fla. Dist. Ct. App. 2012)

. . . . 5th DCA 2004), the defendant was charged with and found guilty of escape, in violation of section 944.40 . . .

E. GOODLOE, v. UNITED STATES, 448 F. App'x 980 (11th Cir. 2011)

. . . . § 944.40. . . . denied Good-loe’s § 2255 motion on the merits, we need not address whether an escape conviction under § 944.40 . . .

UNITED STATES v. A. BAILEY,, 433 F. App'x 807 (11th Cir. 2011)

. . . . § 944.40, the same statute that Bailey was convicted under, qualified as a predicate offense for armed . . . Stat. § 944.40. . . . We determined that there were several separate crimes enumerated in § 944.40, including: “(1) escape . . .

UNITED STATES v. CANTY,, 431 F. App'x 826 (11th Cir. 2011)

. . . . § 944.40 constituted a crime of violence. Therefore, we affirm the Canty’s sentence. AFFIRMED. . . . .

UNITED STATES v. PROCH,, 637 F.3d 1262 (11th Cir. 2011)

. . . 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 . . . Instead, one convicted of violating § 944.40 was already in custody when he escaped or attempted to do . . . Stat. § 944.40 is a violent felony under the ACCA, we affirm the district court’s application of the . . . The court in Sanchez determined that a violation of § 944.40 did qualify as a serious violent felony . . .

MONCRIEFFE a k a v. STATE, 55 So. 3d 736 (Fla. Dist. Ct. App. 2011)

. . . in the lawful custody of the Lauderhill Police Department on July 27, 2005, in violation of section 944.40 . . .

THORNTON, v. STATE, 48 So. 3d 198 (Fla. Dist. Ct. App. 2010)

. . . See § 944.40, Fla. Stat. (2006). . . .

HOWELL, v. STATE, 45 So. 3d 527 (Fla. Dist. Ct. App. 2010)

. . . Even if the paperwork did not specifically reference section 944.40, Florida Statutes, which sets forth . . .

APPLEWHITE, v. SECRETARY, DOC, FL, 373 F. App'x 969 (11th Cir. 2010)

. . . . § 944.40. . . .

UNITED STATES v. SANCHEZ, a. k. a., 586 F.3d 918 (11th Cir. 2009)

. . . . § 944.40. . . . Stat. § 944.40, but argues that, although he was convicted of escape, his actual conduct in committing . . . Stat. § 944.40. Conduct that violates § 945.091(4), however, is deemed a violation of § 944.40. . . . Stat. § 944.40 provides: Any prisoner confined in any prison, jail, private correctional facility, road . . .

McKINNON, v. STATE, 17 So. 3d 860 (Fla. Dist. Ct. App. 2009)

. . . McKin-non was apprehended shortly thereafter and subsequently charged with a violation of section 944.40 . . .

GEORGE, v. UNITED STATES, 650 F. Supp. 2d 1196 (M.D. Fla. 2009)

. . . .” § 944.40, Fla. Stat. . . .

SPANN, v. STATE, 996 So. 2d 873 (Fla. Dist. Ct. App. 2008)

. . . Section 944.40, Florida Statutes, defines the crime of escape as committed when “[a]ny prisoner ... being . . . The court addressed the issue of when “transportation” begins under section 944.40, defining escape to . . . a prisoner “being transported to or from a place of confinement” escapes “from such confinement.” § 944.40 . . .

W. NIELSON, v. STATE, 984 So. 2d 587 (Fla. Dist. Ct. App. 2008)

. . . See § 944.40, Fla. . . . because one of those sentences was imposed for escape, that result is also consistent with section 944.40 . . .

STATE v. KING,, 968 So. 2d 658 (Fla. Dist. Ct. App. 2007)

. . . 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) . . . Section 985.3141 deals with escape attempts, as defined by section 944.40, from detention facilities . . . Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the . . . facility, the trial court did not err in finding that the applicable statute is section 985.3141 and not 944.40 . . .

HEBERT, v. STATE, 962 So. 2d 1068 (Fla. Dist. Ct. App. 2007)

. . . .” § 944.40, Fla. Stat. (2005). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . Comment This instruction was adopted in 2007. 27.1 ESCAPE § 944.40, Fla. Stat. . . .

CRUMITY, v. STATE, 922 So. 2d 276 (Fla. Dist. Ct. App. 2006)

. . . The defendant appeals his conviction and sentence for escape in violation of section 944.40, Florida . . . Section 944.40, Florida Statutes (2003), under which the State charged the defendant, provides that “ . . . The single issue raised is whether the State failed to prove the allegations of escape under section 944.40 . . . In both situations, the State charged the defendant with escape under section 944.40. . . . These facts do not support the allegations of an escape, pursuant to section 944.40. . . .

STATE v. WILLIAMS,, 918 So. 2d 400 (Fla. Dist. Ct. App. 2006)

. . . immediately arrested Williams, and the State later charged him with escape in violation of section 944.40 . . . arguing that as a participant in a work release program, he was not a confined inmate under section 944.40 . . . Florida’s escape statute, section 944.40, states: Any prisoner confined in any prison, jail, private . . . Williams was not a confined inmate under sections 944.40 and 951.24 when he was released from the work . . . as a participant in a work release program, was "confined” under Florida’s escape statute, section 944.40 . . .

HEARNS, v. STATE, 912 So. 2d 377 (Fla. Dist. Ct. App. 2005)

. . . Escape, as described in s. 944.40; or g. . . .

JOHNSON, v. STATE, 903 So. 2d 978 (Fla. Dist. Ct. App. 2005)

. . . . § 944.40, Fla. Stat., a second-degree felony. . . . .

CLARK, v. STATE, 920 So. 2d 634 (Fla. Dist. Ct. App. 2005)

. . . Section 944.40, Florida Statutes, governing escape, covers multiple circumstances in which a prisoner . . .

STATE v. MATTHEWS,, 891 So. 2d 479 (Fla. 2004)

. . . See § 944.40, Fla. Stat. (1989). . . .

BANASIK, v. STATE, 889 So. 2d 916 (Fla. Dist. Ct. App. 2004)

. . . from a place of confinement, did escape or attempt to escape from such custody,” contrary to sections 944.40 . . . Section 944.40 provides as follows: Any prisoner confined in any prison, jail, private correctional facility . . .

APPLEWHITE, v. STATE, 874 So. 2d 1276 (Fla. Dist. Ct. App. 2004)

. . . Escape is defined in section 944.40, Florida Statutes (2001) as: Any prisoner confined in any prison, . . . PETERSON and ORFINGER, JJ., concur. . § 944.40, Fla. Stat. (2001). . § 944.02(6), Fla. Stat. (2001). . . .

GASKIN, v. STATE, 869 So. 2d 646 (Fla. Dist. Ct. App. 2004)

. . . See § 944.40, Fla. Stat. (1997); Watford v. . . .

STATE v. BURKHART,, 869 So. 2d 1242 (Fla. Dist. Ct. App. 2004)

. . . Stat. section 944.40, makes it a felony of the second degree for a prisoner to escape or attempt to escape . . . having committed three offenses from a list of offenses, which includes “[ejscape, as described in s. 944.40 . . . from prison for purposes of the 10/20/Life statute, it would have added the words “as described in s.944.40 . . .

L. COLLIER, v. STATE, 864 So. 2d 63 (Fla. Dist. Ct. App. 2003)

. . . instruction given to the jury sufficiently articulated the elements of escape as set forth in section 944.40 . . .

L. POLLEN, v. STATE, 834 So. 2d 380 (Fla. Dist. Ct. App. 2003)

. . . ESCAPE Section 944.40, Florida Statutes (2001) provides, in pertinent part, that “[a]ny prisoner ... . . .

CUPON, v. STATE, 833 So. 2d 302 (Fla. Dist. Ct. App. 2002)

. . . Naturalization Service, he was not a “prisoner” subject to conviction for escape under the provisions of section 944.40 . . . was an INS detainee and not a “prisoner,” he was not subject to a conviction for escape under section 944.40 . . . failure to raise the issue, preserved below, that an INS detainee is not a “prisoner” under section 944.40 . . .

STATE v. FRATELLO, 835 So. 2d 312 (Fla. Dist. Ct. App. 2002)

. . . violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40 . . .

J. A. G. a v. STATE, 825 So. 2d 497 (Fla. Dist. Ct. App. 2002)

. . . Although section 985.3141 does not define escape, the reference to section 944.40, Florida Statutes ( . . . “Escape,” as defined by section 944.40, requires flight from confinement. . . . The juvenile escape statute at issue in this case, section 985.3141, references only section 944.40. . . . prove that J.A.G. committed an escape from confinement within the meaning of sections 985.3141 and 944.40 . . .

UNITED STATES v. JACKSON,, 301 F.3d 59 (2d Cir. 2002)

. . . . § 944.40. . . .

A. THOMAS, v. STATE, 805 So. 2d 102 (Fla. Dist. Ct. App. 2002)

. . . Section 944.40, Florida Statutes (1999), provides that: Any prisoner confined in any prison, jail, private . . . Ramsey, 475 So.2d 671, 672 (Fla.1985), recognized that section 944.40 applies where a defendant escapes . . . defendant on a 24-hour furlough from which he did not return, was not a prisoner for purposes of section 944.40 . . .

MICHELSON, v. STATE, 805 So. 2d 983 (Fla. Dist. Ct. App. 2001)

. . . See § 944.40, Fla. Stat. (1999). . . .

CUPON, v. STATE DEPARTMENT OF CORRECTIONS,, 789 So. 2d 1121 (Fla. Dist. Ct. App. 2001)

. . . Naturalization Service at the time of the incident, was not a “prisoner” subject to punishment under section 944.40 . . .

BOWEN, v. STATE, 791 So. 2d 44 (Fla. Dist. Ct. App. 2001)

. . . Bowen was charged with being an accessory after the fact to escape based upon sections 777.03 and 944.40 . . .

CUPON, v. STATE, 783 So. 2d 1240 (Fla. Dist. Ct. App. 2001)

. . . Criminal Procedure 3.850, Jose Cupón seeks to overturn his conviction for escape in violation of section 944.40 . . .

LANGSTON, v. STATE, 789 So. 2d 1024 (Fla. Dist. Ct. App. 2001)

. . . A jury found 24-year-old Wilton James Langston (Appellant) guilty of escape pursuant to section 944.40 . . .

HUTCHINSON, v. STATE, 771 So. 2d 1287 (Fla. Dist. Ct. App. 2000)

. . . Akers, 367 So.2d 700 (Fla. 2d DCA 1979), which, construing sections 944.40 and 944.02(5), Florida Statutes . . .

VILLEGAS- ALEN, v. STATE, 797 So. 2d 1 (Fla. Dist. Ct. App. 2000)

. . . In the instant case, appellant argues that his conviction and sentence for escape under section 944.40 . . . Whereupon, appellant was charged with escape in violation of section 944.40, Florida Statutes, and grand . . . Appellant was charged with escape under section 944.40, which provides as follows (emphasis added) in . . . To be a “prisoner” under sections 944.02(5) and 944.40, therefore, Florida law requires that the person . . . See § 944.40. Accordingly, Dyal was a “prisoner” under Florida law. . . .

WILLIAMS, v. STATE, 770 So. 2d 1263 (Fla. Dist. Ct. App. 2000)

. . . Jimmie Williams appeals his conviction and sentence for attempted escape under section 944.40, Florida . . . The supreme court has stated that sections 944.40 and 944.02(5) should not be narrowly construed in a . . .

SOLINO, v. STATE, 763 So. 2d 1249 (Fla. Dist. Ct. App. 2000)

. . . Solino was charged by information with one count of escape in violation of sections 944.40 and 951.24 . . .

GRIFFIS, v. STATE, 759 So. 2d 668 (Fla. 2000)

. . . See § 944.40, Fla. Stat. (1997). . See § 843.15, Fla. Stat. (1997). . See §§ 38.22, 900.04 Fla. . . .

SINGLETARY, v. STATE, 753 So. 2d 749 (Fla. Dist. Ct. App. 2000)

. . . So.2d 793 (Fla. 2d DCA 1991)(holding that mandatory consecutive sentencing for escape is proper); § 944.40 . . .

ATWELL, v. STATE, 739 So. 2d 1166 (Fla. Dist. Ct. App. 1999)

. . . , the defendant failed to remain within the extended limits of his confinement, contrary to section 944.40 . . .

VALENTINE, v. STATE, 736 So. 2d 706 (Fla. Dist. Ct. App. 1999)

. . . .§ 944.40, Fla. Stat. (1997). . . .

L. JIMERSON, v. STATE, 724 So. 2d 170 (Fla. Dist. Ct. App. 1998)

. . . Appellant pled no contest to one count of escape, pursuant to section 944.40, Florida Statutes (1997) . . .

D. JACKSON, v. STATE, 729 So. 2d 947 (Fla. Dist. Ct. App. 1998)

. . . Escape, as described in s. 944.40; or f. . . .

STATE v. M. HERSHKOWITZ,, 714 So. 2d 545 (Fla. Dist. Ct. App. 1998)

. . . violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40 . . .

NEWMAN, v. STATE, 707 So. 2d 811 (Fla. Dist. Ct. App. 1998)

. . . See §§ 944.40, 775.15(2)(b), Fla. Stat. (1991). . . .

SMITH v. ROGERS GALVANIZING CO., 128 F.3d 1380 (10th Cir. 1997)

. . . entitled to retirement, survivors, and disability insurance benefits under Title XVI in the amount of $944.40 . . .

AIELLO, v. STATE, 700 So. 2d 148 (Fla. Dist. Ct. App. 1997)

. . . . § 944.40, Fla. Stat. (1995). . . .

S. EARLY, Sr. v. STATE, 678 So. 2d 901 (Fla. Dist. Ct. App. 1996)

. . . Early was sufficiently “confined” in order to qualify as an escapee under the terms of section 944.40 . . . he was not sufficiently confined in the Daily Reporting Program to meet the requirements of section 944.40 . . .

SWANSON, v. STATE, 656 So. 2d 503 (Fla. Dist. Ct. App. 1995)

. . . . § 944.40, Fla.Stat. (1991). . . .

COLEMAN, v. STATE, 645 So. 2d 176 (Fla. Dist. Ct. App. 1994)

. . . counts of corruption by threat against a public servant [§ 838.021, Fla.Stat. (1993)], and (4) escape [§ 944.40 . . .

B. H. a v. STATE, 645 So. 2d 987 (Fla. 1994)

. . . facility of restrictiveness level VI or above ... constitutes escape within the intent and meaning of s. 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .

CARRUTHERS, v. STATE, 636 So. 2d 853 (Fla. Dist. Ct. App. 1994)

. . . .-014, Fla.Stat. (1993) (theft); § 944.40, Fla. Stat. (1993) (escape). . . .

STATE v. O. VARELA, 636 So. 2d 559 (Fla. Dist. Ct. App. 1994)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . 39.061, the legislature intended to adopt by specific reference all of the “ramifications” of section 944.40 . . . The latter section provides: 944.40 Escapes; penalty. — Any prisoner confined in any prison, jail, road . . . explained that the then-existing section 39.112 was a “reference statute” which referred to section 944.40 . . .

G. SWEENEY, v. STATE, 633 So. 2d 66 (Fla. Dist. Ct. App. 1994)

. . . The statutory definition of escape is contained in section 944.40, Florida Statutes (1991), which provides . . .

FLOWERS, v. STATE, 627 So. 2d 1340 (Fla. Dist. Ct. App. 1993)

. . . . § 944.40, Fla.Stat. (1989). . § 775.0875, Fla.Stat. (1989). . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 628 So. 2d 1084 (Fla. 1993)

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

El SCOTT, v. STATE, 627 So. 2d 72 (Fla. Dist. Ct. App. 1993)

. . . . § 944.40, Fla.Stat. (1991). .The minimum term of fifteen years imposed in this case for escape, a second . . .

J. Y. a v. STATE, 635 So. 2d 34 (Fla. Dist. Ct. App. 1993)

. . . Appellant pled guilty to escaping or attempting to escape from a juvenile facility in violation of sections 944.40 . . . . §§ 944.40 and 39.061, Fla.Stat. (Supp.1992). . D.P. v. . . .

D. F. A v. STATE, 623 So. 2d 867 (Fla. Dist. Ct. App. 1993)

. . . delinquent acts or violation of law, contrary to section 39.112, Florida Statutes (1989) and section 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .

BROWN, v. STATE, 623 So. 2d 800 (Fla. Dist. Ct. App. 1993)

. . . Section 944.40, Florida Statutes (1991), under which appellant was convicted, provides as follows: Any . . .

B. H. A v. STATE, 622 So. 2d 615 (Fla. Dist. Ct. App. 1993)

. . . committed delinquent acts or violation of law constitute escape within the intent and meaning of section 944.40 . . . committed delinquent acts or violation of law constitutes escape within the intent and meaning of s. 944.40 . . .

STATE v. A. S. a, 622 So. 2d 1127 (Fla. Dist. Ct. App. 1993)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . RAFT Center while under the lawful custody of the authorized officers of HRS, contrary to sections 944.40 . . .

STATE v. DAVIS,, 619 So. 2d 517 (Fla. Dist. Ct. App. 1993)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .

R. A. H. a v. STATE, 614 So. 2d 1189 (Fla. Dist. Ct. App. 1993)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .

TRUEBLOOD, v. STATE, 610 So. 2d 12 (Fla. Dist. Ct. App. 1992)

. . . HRS Detention Facility, did then and there escape from such lawful confinement, contrary to Section 944.40 . . . Section 944.40 makes it a second-degree felony for a “prisoner” to escape from “any prison, jail, road . . . conten-dere to an identical charge of “escape from a juvenile detention facility in violation of § 944.40 . . . For this reason, appellant’s admitted escape is governed by section 39.112, not section 944.40. . . . will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

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

In A. A. a v. STATE, 605 So. 2d 106 (Fla. Dist. Ct. App. 1992)

. . . See § 944.40, Fla.Stat. (1989). . . .

DANZY, v. STATE, 603 So. 2d 1320 (Fla. Dist. Ct. App. 1992)

. . . contendere and was adjudicated guilty of attempted first-degree murder and escape in violation of section 944.40 . . . Appellant points out that section 944.40 provides that escape from an adult prison or jail is a second-degree . . . The state responds that Appellant pleaded to a violation of section 944.40 and did not appeal that adjudication . . . For this reason, Appellant’s admitted escape is governed by section 39.112, not section 944.40. . . . will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 . . .

SAMS, v. STATE, 600 So. 2d 1297 (Fla. Dist. Ct. App. 1992)

. . . which defines escape, and which elevates appellant’s homicide offense to the highest level is section 944.40 . . . . 944.40 Escape; penalty. — Any prisoner confined in any prison, jail, road camp, or other penal institution . . .

GILMORE, v. STATE, 602 So. 2d 578 (Fla. Dist. Ct. App. 1992)

. . . . §§ 944.40, 901.15, Fla.Stat. (1981). . . .

In D. P. a v. STATE In G. M. a v. STATE, 597 So. 2d 952 (Fla. Dist. Ct. App. 1992)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .

STATE v. KENDRICK,, 596 So. 2d 1153 (Fla. Dist. Ct. App. 1992)

. . . The defendant pled guilty to the offense of escape (§ 944.40, Fla.Stat.), a second degree felony, with . . .

J. VICKERY, v. STATE, 592 So. 2d 1271 (Fla. Dist. Ct. App. 1992)

. . . State, 333 So.2d 84 (Fla. 1st DCA 1976); Section 944.40, Fla. Stat. (1989); see also Ayendes v. . . .

BUNCH, v. STATE, 592 So. 2d 1193 (Fla. Dist. Ct. App. 1992)

. . . . § 944.40, Fla.Stat. (1989). . § 775.082(3)(d), Fla.Stat. (1989). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 589 So. 2d 271 (Fla. 1991)

. . . 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 . . .

JONES, v. STATE, 584 So. 2d 190 (Fla. Dist. Ct. App. 1991)

. . . . § 944.40, Fla.Stat. (1987). . § 843.02, Fla.Stat. . . .

In K. A. N. A v. STATE, 582 So. 2d 57 (Fla. Dist. Ct. App. 1991)

. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . Section 944.40, Florida Statutes (1989), provides: Any prisoner confined in any prison, jail, road camp . . .

FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES RULES AND, 576 So. 2d 1307 (Fla. 1991)

. . . 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 . . .