Florida Statute 944.40 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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, contractor-operated 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; s. 21, ch. 2024-84.

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Amendments to 944.40

Annotations, Discussions, Cases:

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

Cases Citing Statute 944.40

Total Results: 188

United States v. Sanchez

586 F.3d 918, 2009 U.S. App. LEXIS 23945, 2009 WL 3489911

Court of Appeals for the Eleventh Circuit | Filed: Oct 30, 2009 | Docket: 399495

Cited 126 times | Published

conviction was for escape, in violation of Fla. Stat. § 944.40. The drug convictions were on two counts of selling

Bull v. State

548 So. 2d 1103, 1989 WL 106348

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 1333079

Cited 43 times | Published

Polk Correctional Institution in violation of section 944.40, Florida Statutes (1985). At first appearance

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

instruction was adopted in 2007. 27.1 ESCAPE § 944.40, Fla. Stat. To prove the crime of Escape, the

Braddy v. State

111 So. 3d 810, 37 Fla. L. Weekly Supp. 703, 2012 WL 5514368, 2012 Fla. LEXIS 2357

Supreme Court of Florida | Filed: Nov 15, 2012 | Docket: 60230891

Cited 30 times | Published

attempted to escape from such confinement.8 *846See § 944.40, Fla. Stat. (1997). The State presented evidence

United States v. Proch

637 F.3d 1262, 2011 WL 1548948

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 2011 | Docket: 293053

Cited 30 times | Published

Florida statute at issue. Under Florida Statute § 944.40, Any prisoner confined in any prison, jail, private

United States v. Proch

637 F.3d 1262, 2011 WL 1548948

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 2011 | Docket: 293053

Cited 30 times | Published

Florida statute at issue. Under Florida Statute § 944.40, Any prisoner confined in any prison, jail, private

State v. Matthews

891 So. 2d 479, 2004 WL 2973856

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704545

Cited 26 times | Published

guidelines range. Escape is a second-degree felony. See § 944.40, Fla. Stat. (1989). At the time of Matthews' sentencing

Fouts v. State

374 So. 2d 22

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430717

Cited 25 times | Published

escape. He points out that the escape statute, Section 944.40, Florida Statutes (1977), does not require

State v. Ramsey

475 So. 2d 671, 10 Fla. L. Weekly 369

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 1709922

Cited 20 times | Published

Ramsey was charged with escape in violation of section 944.40, Florida Statutes (1981). That statute provides:

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

522 So. 2d 374, 13 Fla. L. Weekly 283, 1988 Fla. LEXIS 678, 1988 WL 35623

Supreme Court of Florida | Filed: Apr 21, 1988 | Docket: 1660934

Cited 19 times | Published

Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses d. General

Nielson v. State

984 So. 2d 587, 2008 WL 2312491

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1685650

Cited 14 times | Published

run consecutively to the earlier sentence. See § 944.40, Fla. Stat. (1981) (providing, "[t]he punishment

Langston v. State

789 So. 2d 1024, 2001 WL 395171

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 1696024

Cited 14 times | Published

Langston (Appellant) guilty of escape pursuant to section 944.40, Florida Statutes (1997); and resisting an

Kyser v. State

533 So. 2d 285, 1988 WL 113886

Supreme Court of Florida | Filed: Oct 27, 1988 | Docket: 1656482

Cited 14 times | Published

criminal offense, is defined and set forth in section 944.40, Florida Statutes (1975), as follows: Any prisoner

State v. Williams

444 So. 2d 13

Supreme Court of Florida | Filed: Jan 12, 1984 | Docket: 452013

Cited 14 times | Published

tried and convicted of escape in violation of section 944.40, Florida Statutes (1979), in the circuit court

Griffis v. State

759 So. 2d 668, 2000 WL 633017

Supreme Court of Florida | Filed: May 18, 2000 | Docket: 1736344

Cited 11 times | Published

the state constitution, the ceiling."). [8] See § 944.40, Fla. Stat. (1997). [9] See § 843.15, Fla. Stat

Morehead v. State

556 So. 2d 523, 1990 WL 9285

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 542790

Cited 11 times | Published

was also charged with escape in violation of section 944.40, Florida Statutes, which provides: Any prisoner

McGee v. State

435 So. 2d 854

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328478

Cited 10 times | Published

custody" element of the offense of escape. See Section 944.40, Florida *858 Statutes (1981), proscribing

Helton v. State

311 So. 2d 381

District Court of Appeal of Florida | Filed: Apr 24, 1975 | Docket: 1599410

Cited 10 times | Published

defendant below, charged with escape as defined by F.S. 944.40, was convicted, and sentenced to serve three

Helton v. State

311 So. 2d 381

District Court of Appeal of Florida | Filed: Apr 24, 1975 | Docket: 1599410

Cited 10 times | Published

defendant below, charged with escape as defined by F.S. 944.40, was convicted, and sentenced to serve three

Brown v. State

623 So. 2d 800, 1993 WL 321542

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 1183638

Cited 9 times | Published

(1991) ("The Florida Corrections Code of 1957"). Section 944.40, Florida Statutes (1991), under which appellant

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Chapter 893. Category 8: Weapons: Chapter 790 and section 944.40. Category 9: All other felony offenses. (d

State v. Alcantaro

407 So. 2d 922

District Court of Appeal of Florida | Filed: Nov 23, 1981 | Docket: 467245

Cited 9 times | Published

1980 through 27 September 1980, contrary to Section 944.40, Florida Statutes (1979). The inmates filed

Ducksworth v. Boyer

125 So. 2d 844

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 1690207

Cited 9 times | Published

county court jurisdiction of misdemeanors and on § 944.40, Florida Statutes, F.S.A., which sets a penalty

Gaskin v. State

869 So. 2d 646, 2004 WL 625804

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 2563748

Cited 8 times | Published

officers and (b) did not continue thereafter.[2] See § 944.40, Fla. Stat. (1997); Watford v. State, 353 So.2d

Gaskin v. State

869 So. 2d 646, 2004 WL 625804

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 2563748

Cited 8 times | Published

officers and (b) did not continue thereafter.[2] See § 944.40, Fla. Stat. (1997); Watford v. State, 353 So.2d

KAN v. State

582 So. 2d 57, 1991 WL 103420

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 1363775

Cited 7 times | Published

Ch. 90-208, §§ 5 and 17, Laws of Fla. [2] Section 944.40, Florida Statutes (1989), provides: Any prisoner

Gardner v. Murphy

402 So. 2d 525

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 1313102

Cited 7 times | Published

Gardner is charged with escape in violation of section 944.40, Florida Statutes (1979). Following a denial

State v. JRM

388 So. 2d 1227

Supreme Court of Florida | Filed: Oct 2, 1980 | Docket: 419745

Cited 7 times | Published

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

Johnson v. State

357 So. 2d 203

District Court of Appeal of Florida | Filed: Mar 15, 1978 | Docket: 244209

Cited 7 times | Published

review of the judgment and sentence for escape, Section 944.40, Florida Statutes (1975). Appellant contends

State v. Darnell

335 So. 2d 638

District Court of Appeal of Florida | Filed: Jul 23, 1976 | Docket: 1306227

Cited 7 times | Published

a new charge of Attempted Escape under Florida Statute 944.40, and in Count 2, charged verbatim the same

Applewhite v. State

874 So. 2d 1276, 2004 WL 1359434

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1473874

Cited 6 times | Published

Jury Instr. (Crim.) 21.2. Escape is defined in section 944.40, Florida Statutes (2001) as: Any prisoner confined

Shaffner v. State

562 So. 2d 430, 1990 WL 82112

District Court of Appeal of Florida | Filed: Jun 18, 1990 | Docket: 1256158

Cited 6 times | Published

850. We affirm. Appellant was charged under Section 944.40, Florida Statutes (1987), with escape from

Frazier v. State

515 So. 2d 1061, 1987 WL 1913

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1749351

Cited 6 times | Published

involving the effect of not answering a summons or section 944.40, Florida Statutes, governing escapes. Section

Arnold v. State

429 So. 2d 819

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1222048

Cited 6 times | Published

The charge of escape is a nonviolent felony. See § 944.40, Fla. Stat. (1979). The time begins running when

Williamson v. State

388 So. 2d 1345, 22 A.L.R. 4th 750

District Court of Appeal of Florida | Filed: Oct 14, 1980 | Docket: 419560

Cited 6 times | Published

as the state suggests, the escape statute, Section 944.40, Florida Statutes (1977), which requires the

Hield v. State

201 So. 2d 235

District Court of Appeal of Florida | Filed: Jul 24, 1967 | Docket: 1658187

Cited 6 times | Published

permission * * *" on May 27, 1964, (proscribed by Section 944.40, F.S.A.). Aggravated Assault, Case No. 2051

Moncrieffe v. State

55 So. 3d 736, 2011 Fla. App. LEXIS 3465, 2011 WL 890801

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2408632

Cited 5 times | Published

Department on July 27, 2005, in violation of section 944.40, Florida Statutes.[1] The facts and circumstances

Sweeney v. State

633 So. 2d 66, 1994 WL 45532

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 1296422

Cited 5 times | Published

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

Danzy v. State

603 So. 2d 1320, 1992 WL 191349

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 1738989

Cited 5 times | Published

first-degree murder and escape in violation of section 944.40, Florida Statutes. The court withheld imposition

Griner v. State

524 So. 2d 487, 1988 WL 42237

District Court of Appeal of Florida | Filed: May 4, 1988 | Docket: 451598

Cited 5 times | Published

and RYDER and PARKER, JJ., concur. NOTES [1] § 944.40, Fla. Stat. (1977). [2] § 775.084, Fla. Stat

Smith v. Wainwright

508 So. 2d 768, 12 Fla. L. Weekly 1517

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 1648791

Cited 5 times | Published

maximum sentence for escape, a second degree felony, § 944.40, Fla. Stat. (1985), is fifteen years, 775.082(3)(c)

State v. Iafornaro

447 So. 2d 961

District Court of Appeal of Florida | Filed: Mar 15, 1984 | Docket: 1311783

Cited 5 times | Published

"transported to ... a place of confinement ...". See section 944.40, Florida Statutes (1981). The Ramsey panel

State v. Akers

367 So. 2d 700

District Court of Appeal of Florida | Filed: Feb 14, 1979 | Docket: 1330157

Cited 5 times | Published

three-count information with escape in violation of Section 944.40, Florida Statutes (1977). Appellee filed an

State v. Fulkerson

300 So. 2d 276

District Court of Appeal of Florida | Filed: Mar 6, 1974 | Docket: 1434574

Cited 5 times | Published

with felonious escape from confinement under F.S. 944.40, F.S.A. The lower court granted Fulkerson's motion

State Ex Rel. Wilson v. Culver

110 So. 2d 674

Supreme Court of Florida | Filed: Apr 10, 1959 | Docket: 1733942

Cited 5 times | Published

substantive offense of escape, as denounced by § 944.40, Fla. Stat. 1957, F.S.A. [enacted in 1955 as Ch

State v. Williams

918 So. 2d 400, 2006 WL 120155

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1361502

Cited 4 times | Published

later charged him with escape in violation of section 944.40, Florida Statutes (2004). Williams moved to

Thomas v. State

805 So. 2d 102, 2002 WL 83734

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1241946

Cited 4 times | Published

court's ruling was supported by the record. Section 944.40, Florida Statutes (1999), provides that: Any

Atwell v. State

739 So. 2d 1166, 1999 WL 503510

District Court of Appeal of Florida | Filed: Jul 19, 1999 | Docket: 1293839

Cited 4 times | Published

extended limits of his confinement, contrary to section 944.40 Florida Statutes. (Emphasis added.) "The general

BH v. State

622 So. 2d 615, 1993 WL 306699

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 807576

Cited 4 times | Published

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

Pumphrey v. State

527 So. 2d 1382, 1988 WL 73561

Supreme Court of Florida | Filed: Jul 14, 1988 | Docket: 529530

Cited 4 times | Published

official... and that he had "escaped" under section 944.40, Florida Statutes (1985): Any prisoner confined

Pollen v. State

834 So. 2d 380, 2003 WL 118476

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1329255

Cited 3 times | Published

escape, and witness tampering. II. ESCAPE Section 944.40, Florida Statutes (2001) provides, in pertinent

Michelson v. State

805 So. 2d 983, 2001 WL 1540465

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523455

Cited 3 times | Published

(1999). The underlying felony was escape. See § 944.40, Fla. Stat. (1999). Second degree murder under

Early v. State

678 So. 2d 901, 1996 WL 476331

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 785526

Cited 3 times | Published

to qualify as an escapee under the terms of section 944.40, Florida Statutes (1995). After a prior conviction

Carruthers v. State

636 So. 2d 853, 1994 WL 171599

District Court of Appeal of Florida | Filed: May 9, 1994 | Docket: 1361448

Cited 3 times | Published

tampering); § 812.014, Fla. Stat. (1993) (theft); § 944.40, Fla. Stat. (1993) (escape). In such cases, a

Jones v. State

584 So. 2d 190, 1991 WL 154814

District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 466830

Cited 3 times | Published

COWART, J., dissents without opinion. NOTES [1] § 944.40, Fla. Stat. (1987). [2] § 843.02, Fla. Stat.

Whittington v. State

543 So. 2d 317, 1989 WL 46227

District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 1729913

Cited 3 times | Published

April 26, 1988 for escape, in violation of section 944.40, Florida Statutes. During sentencing proceedings

Peterson v. State

542 So. 2d 417, 1989 WL 36260

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 468841

Cited 3 times | Published

to the penalties for a second-degree felony, section 944.40, Florida Statutes (1987), and his use of a

Estep v. State

318 So. 2d 520

District Court of Appeal of Florida | Filed: Sep 10, 1975 | Docket: 1139526

Cited 3 times | Published

person committed it. Section 901.15(2), F.S. Section 944.40, F.S., under which Estep was charged, provides

Hebert v. State

962 So. 2d 1068, 2007 WL 2609404

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 480806

Cited 2 times | Published

confinement" "escapes . . . from such confinement." § 944.40, Fla. Stat. (2005). A "prisoner" is defined for

State v. Burkhart

869 So. 2d 1242, 2004 WL 626051

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1653855

Cited 2 times | Published

Florida's primary escape statute, Fla. Stat. section 944.40, makes it a felony of the second degree for

Valentine v. State

736 So. 2d 706, 1999 WL 360164

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1736637

Cited 2 times | Published

(1989). [2] § 790.01, Fla. Stat. (1989). [3] § 944.40, Fla. Stat. (1997).

Johnson v. State

536 So. 2d 1045, 1988 WL 138393

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 1759885

Cited 2 times | Published

urges that his conviction for escape under Section 944.40, Florida Statutes (1985), must be overturned

Millard v. State

503 So. 2d 939, 12 Fla. L. Weekly 606

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 1733224

Cited 2 times | Published

was found guilty of escape in violation of Section 944.40, Florida Statutes (1985), on 3 March 1986.

Farrow v. State

464 So. 2d 689, 10 Fla. L. Weekly 582

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1661142

Cited 2 times | Published

*690 R.Crim.P. 3.701, for the crime of escape. § 944.40, Fla. Stat. (1983). He argues the trial court

Muro v. State

445 So. 2d 374

District Court of Appeal of Florida | Filed: Jan 31, 1984 | Docket: 1685467

Cited 2 times | Published

give the requested instruction. We reverse. Section 944.40, Florida Statutes (1981), proscribes an escape

Ramsey v. State

442 So. 2d 303

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 469051

Cited 2 times | Published

The statute with which we are concerned is section 944.40, Florida Statutes, (1981), which provides:

Price v. State

333 So. 2d 84

District Court of Appeal of Florida | Filed: Jun 9, 1976 | Docket: 2513798

Cited 2 times | Published

charged with the crime of escape pursuant to Florida Statute 944.40. Appellant was serving a one year sentence

Danforth v. State

316 So. 2d 304

District Court of Appeal of Florida | Filed: Aug 6, 1975 | Docket: 1456214

Cited 2 times | Published

in imposing concurrent sentences because F.S. § 944.40 requires any sentence on a charge of escape to

Brochu v. State

258 So. 2d 286

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 1657200

Cited 2 times | Published

in custody serving a sentence. Florida Statute § 944.40 (1969), F.S.A. was the controlling statute in

State v. Poillot

173 So. 3d 1070, 2015 Fla. App. LEXIS 11802, 2015 WL 4660119

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 60250196

Cited 1 times | Published

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

Brugmann v. State

117 So. 3d 39, 2013 WL 2494244, 2013 Fla. App. LEXIS 9297

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232659

Cited 1 times | Published

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

Brugmann v. State

117 So. 3d 39, 2013 WL 2494244, 2013 Fla. App. LEXIS 9297

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232659

Cited 1 times | Published

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

McKinnon v. State

17 So. 3d 860, 2009 Fla. App. LEXIS 12897, 2009 WL 2827990

District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1141666

Cited 1 times | Published

and subsequently charged with a violation of section 944.40, Florida Statutes (2006), which provides in

George v. United States

650 F. Supp. 2d 1196, 2009 U.S. Dist. LEXIS 44788, 2009 WL 1370858

District Court, M.D. Florida | Filed: May 14, 2009 | Docket: 1250101

Cited 1 times | Published

or attempts to escape from such confinement." § 944.40, Fla. Stat. In this case, Plaintiff simply failed

Spann v. State

996 So. 2d 873, 2008 WL 4568032

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1692314

Cited 1 times | Published

fleeing. The trial court denied this motion. Section 944.40, Florida Statutes, defines the crime of escape

Banasik v. State

889 So. 2d 916, 2004 Fla. App. LEXIS 18823, 2004 WL 3027946

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835159

Cited 1 times | Published

944.40 and 951.24, Florida Statutes (2002). Section 944.40 provides as follows: Any prisoner confined

State v. Varela

636 So. 2d 559, 1994 WL 169965

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1361641

Cited 1 times | Published

specific reference all of the "ramifications" of section 944.40, Florida Statutes, including the attempt to

DF v. State

623 So. 2d 867, 1993 WL 356824

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 1658512

Cited 1 times | Published

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

Trueblood v. State

610 So. 2d 12, 1992 Fla. App. LEXIS 11763, 1992 WL 342006

District Court of Appeal of Florida | Filed: Nov 18, 1992 | Docket: 64692712

Cited 1 times | Published

confinement, contrary to Section 944.40, Florida Statutes.” Section 944.40 makes it a second-degree felony

AA v. State

605 So. 2d 106, 1992 WL 193018

District Court of Appeal of Florida | Filed: Aug 13, 1992 | Docket: 1702218

Cited 1 times | Published

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

Gregory v. State

573 So. 2d 397, 1991 WL 3571

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 479235

Cited 1 times | Published

constitute confinement within the purview of section 944.40, Florida Statutes (1987).[2] The trial court

Sanders v. State

517 So. 2d 134, 1987 WL 3354

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1527997

Cited 1 times | Published

statute under which appellant was charged, section 944.40, Florida Statutes (1985), provides: Any prisoner

Brown v. State

353 So. 2d 214

District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 1468202

Cited 1 times | Published

affirmatively provided for its imposition. See Section 944.40, Florida Statutes (1975), mandating the sentence

Leone v. State

233 So. 2d 404

District Court of Appeal of Florida | Filed: Mar 25, 1970 | Docket: 1767371

Cited 1 times | Published

escape from lawful custody a criminal offense, F.S. § 944.40, F.S.A., was unconstitutional, and Whereas, on

Williams v. Cochran

126 So. 2d 887

Supreme Court of Florida | Filed: Feb 15, 1961 | Docket: 1314843

Cited 1 times | Published

held that the crime of escape condemned by Section 944.40, Florida Statutes, F.S.A., is a substantive

Carnley v. Cochran

118 So. 2d 629

Supreme Court of Florida | Filed: Mar 11, 1960 | Docket: 1515429

Cited 1 times | Published

authorized by law. This sentence also was valid. Section 944.40, Florida Statutes, 1957, F.S.A. Petitioner

V.R.J., A MINOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620286

Published

2d 671 (Fla. 1985), involving escape under section 944.40, Florida Statutes, a comparable statute:

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897139

Published

on furlough” in accord with an amendment to section 944.40, Florida Statutes (2019), by chapter 2019-167

Edwardo De Juan v. State of Florida

249 So. 3d 681

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379300

Published

custody and did not actually leave the prison. See § 944.40, Fla. Stat. (2010) (providing the elements of

Andrew A. Rodriguez v. State

224 So. 3d 811, 2017 WL 3318009, 2017 Fla. App. LEXIS 11282

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6136509

Published

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

State v. Vance

218 So. 3d 499, 2017 WL 1967413, 2017 Fla. App. LEXIS 6821

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 60266214

Published

established prima facie case of escape under section 944.40, Florida Statutes (2014)); Early v. State,

State v. Joseph R. Vance

District Court of Appeal of Florida | Filed: May 8, 2017 | Docket: 6063771

Published

established prima facie case of escape under section 944.40, Florida Statutes (2014)); Early v. State,

Claudio J. Poillot v. State of Florida

200 So. 3d 743, 41 Fla. L. Weekly Supp. 370, 2016 Fla. LEXIS 1996, 2016 WL 4702103

Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420163

Published

amended information with escape pursuant to section 944.40, Florida Statutes. Subsequently, Poillot filed

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

199 So. 3d 234, 2016 WL 4480340

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416254

Published

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

Dan Carmichael McCarthan v. Warden, FCC Coleman - Medium

811 F.3d 1237, 2016 U.S. App. LEXIS 906, 2016 WL 234356

Court of Appeals for the Eleventh Circuit | Filed: Jan 20, 2016 | Docket: 3029604

Published

2 (Fla. Dist.Ct.App.1991) (quoting Fla. Stat. § 944.40 (1989)). Florida law also criminalizes “[t]he

Blaxton v. State

179 So. 3d 358, 2015 Fla. App. LEXIS 15032, 2015 WL 5916841

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 2866470

Published

attempt and a successful escape. See. § 944,40, Fla, Stat. (2008). Thus, Mr. Blaxton was charged

Steed v. State

120 So. 3d 113, 2013 WL 4081006, 2013 Fla. App. LEXIS 12645

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233885

Published

is false as escape is a second-degree felony. § 944.40, Fla. Stat. (1985). Appellant also claims that

Lacey v. State

114 So. 3d 452, 2013 WL 2420480, 2013 Fla. App. LEXIS 8839

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231935

Published

his conviction and sentence for escape under section 944.40, Florida Statutes (2010), following his entry

L.C.G. v. State

91 So. 3d 197, 2012 WL 2160954, 2012 Fla. App. LEXIS 9719

District Court of Appeal of Florida | Filed: Jun 15, 2012 | Docket: 60309837

Published

and found guilty of escape, in violation of section 944.40, Florida Statutes (2001). On appeal, he argued

Thornton v. State

48 So. 3d 198, 2010 Fla. App. LEXIS 18293, 2010 WL 4867593

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296535

Published

lawful term for this second-degree felony. See § 944.40, Fla. Stat. (2006). The 365 days in jail was not

Howell v. State

45 So. 3d 527, 2010 Fla. App. LEXIS 14872, 2010 WL 3783700

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2256160

Published

paperwork *528 did not specifically reference section 944.40, Florida Statutes, which sets forth the punishment

State v. King

968 So. 2d 658, 2007 Fla. App. LEXIS 17253, 2007 WL 3170170

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853098

Published

(2005), and Escape (count II), pursuant to section 944.40, Florida Statutes (2005). The charges arise

Crumity v. State

922 So. 2d 276, 2006 Fla. App. LEXIS 2565, 2006 WL 436141

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842582

Published

conviction and sentence for escape in violation of section 944.40, Florida Statutes (2003). He argues the court

Johnson v. State

903 So. 2d 978, 2005 Fla. App. LEXIS 6634, 2005 WL 1047487

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 64838950

Published

a first-degree felony punishable by life. . § 944.40, Fla. Stat., a second-degree felony. . His previous

Clark v. State

920 So. 2d 634, 2005 Fla. App. LEXIS 6524, 2005 WL 1026187

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64842308

Published

do not require identical elements of proof. Section 944.40, Florida Statutes, governing escape, covers

Collier v. State

864 So. 2d 63, 2003 Fla. App. LEXIS 19238, 2003 WL 22964271

District Court of Appeal of Florida | Filed: Dec 18, 2003 | Docket: 64827614

Published

articulated the elements of escape as set forth in section 944.40, Florida Statutes, even though it deviated

Cupon v. State

833 So. 2d 302, 2002 Fla. App. LEXIS 19364, 2002 WL 31889457

District Court of Appeal of Florida | Filed: Dec 31, 2002 | Docket: 64819622

Published

conviction for escape under the provisions of section 944.40, Florida Statutes (1997), Florida’s escape

J.A.G. v. State

825 So. 2d 497, 2002 Fla. App. LEXIS 12778, 2002 WL 2009619

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 64817320

Published

3141 does not define escape, the reference to section 944.40, Florida Statutes (2001), within that section

Cupon v. State, Department of Corrections

789 So. 2d 1121, 2001 Fla. App. LEXIS 8772, 2001 WL 708777

District Court of Appeal of Florida | Filed: Jun 26, 2001 | Docket: 64806902

Published

not a “prisoner” subject to punishment under section 944.40, Florida Statutes. Villegas-Alen v. State,

Cupon v. State

783 So. 2d 1240, 2001 WL 505381

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 2545521

Published

overturn his conviction for escape in violation of section 944.40, Florida Statutes (1997). He contends that

Villegas-Alen v. State

797 So. 2d 1, 2000 Fla. App. LEXIS 14657, 2000 WL 1675864

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64809411

Published

his conviction and sentence for escape under section 944.40, Florida Statutes (1997), must be vacated because

Williams v. State

770 So. 2d 1263, 2000 Fla. App. LEXIS 14666, 2000 WL 1675914

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64801621

Published

conviction and sentence for attempted escape under section 944.40, Florida Statutes (1999), which prohibits the

Singletary v. State

753 So. 2d 749, 2000 Fla. App. LEXIS 3390, 2000 WL 293564

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64795967

Published

consecutive sentencing for escape is proper); § 944.40, Fla. Stat. (1991).

Jimerson v. State

724 So. 2d 170, 1998 Fla. App. LEXIS 16355, 1998 WL 903922

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 64785471

Published

contest to one count of escape, pursuant to section 944.40, Florida Statutes (1997), and to one count

Aiello v. State

700 So. 2d 148, 1997 Fla. App. LEXIS 11516, 1997 WL 629146

District Court of Appeal of Florida | Filed: Oct 10, 1997 | Docket: 64776115

Published

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

Ago

Florida Attorney General Reports | Filed: Aug 28, 1995 | Docket: 3257056

Published

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

Swanson v. State

656 So. 2d 503, 1995 Fla. App. LEXIS 4858, 1995 WL 258891

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 64757219

Published

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

Flowers v. State

627 So. 2d 1340, 1993 Fla. App. LEXIS 12355, 1993 WL 524108

District Court of Appeal of Florida | Filed: Dec 17, 1993 | Docket: 64744701

Published

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

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Supreme Court of Florida | Filed: Nov 30, 1993 | Docket: 64744908

Published

chapter 893. Category 8: Weapons: Chapter 790 and section 944.40. Category 9: All other felony offenses. [[Image

Scott v. State

627 So. 2d 72, 1993 Fla. App. LEXIS 11657, 1993 WL 473233

District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 64744264

Published

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

D.F. v. State

623 So. 2d 867, 1993 Fla. App. LEXIS 9421

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64698575

Published

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

B.H. v. State

622 So. 2d 615, 1993 Fla. App. LEXIS 8411

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64698172

Published

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

Interest of A.A. v. State

605 So. 2d 106, 1992 Fla. App. LEXIS 8918

District Court of Appeal of Florida | Filed: Aug 13, 1992 | Docket: 64669975

Published

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

Sams v. State

600 So. 2d 1297, 1992 Fla. App. LEXIS 6747, 1992 WL 143598

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668560

Published

appellant’s homicide offense to the highest level is section 944.40. 944.40 Escape; penalty. — Any prisoner confined

Vickery v. State

592 So. 2d 1271, 1992 Fla. App. LEXIS 1562, 17 Fla. L. Weekly Fed. D 454

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64664880

Published

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

Bunch v. State

592 So. 2d 1193, 1992 Fla. App. LEXIS 244, 1992 WL 5355

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64664843

Published

REMANDED. DAUKSCH and COWART, JJ., concur. . § 944.40, Fla.Stat. (1989). . § 775.082(3)(d), Fla.Stat

In re Amendments to Florida Rules of Criminal Procedure-sentencing Guidelines (rules 3.701 & 3.988)

589 So. 2d 271, 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191

Supreme Court of Florida | Filed: Nov 7, 1991 | Docket: 64663082

Published

Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses [[Image

K.A.N. v. State

582 So. 2d 57, 1991 Fla. App. LEXIS 7021

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 64659971

Published

See Ch. 90-208, §§ 5 and 17, Laws of Fla. . Section 944.40, Florida Statutes (1989), provides: Any prisoner

Jarrell v. State

576 So. 2d 793, 1991 Fla. App. LEXIS 1880, 1991 WL 29487

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 64657434

Published

been held proper under the escape statute, section 944.40, Florida Statutes (1983). See Rease v. State

Munn v. State

573 So. 2d 439, 1991 Fla. App. LEXIS 687, 1991 WL 9364

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64655950

Published

with and convicted of escape, in violation of section 944.40, Florida Statutes (1987). The appellant correctly

In re Florida Rules of Criminal Procedure 3.701 & 3.988

566 So. 2d 770, 15 Fla. L. Weekly Supp. 458, 1990 Fla. LEXIS 1847, 1990 WL 130217

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 64652923

Published

Chapter 893 Category 8 Weapons: Chapter 790 and section 944.40 Category 9 All other felony offenses *772[[Image

Robertson v. State

559 So. 2d 352, 1990 Fla. App. LEXIS 2313, 1990 WL 39890

District Court of Appeal of Florida | Filed: Apr 4, 1990 | Docket: 64649510

Published

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

State v. Knox

557 So. 2d 127, 1990 Fla. App. LEXIS 823, 1990 WL 11797

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 64648426

Published

state had no prima facie case of escape under section 944.40, Florida Statutes (1987), because the defendant

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

544 So. 2d 198, 1989 Fla. LEXIS 1295, 1989 WL 65666

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 64642859

Published

Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses RULE

Pugh v. State

518 So. 2d 424, 13 Fla. L. Weekly 151, 1988 Fla. App. LEXIS 37, 1988 WL 353

District Court of Appeal of Florida | Filed: Jan 8, 1988 | Docket: 64631993

Published

information with the crimes of escape in violation of section 944.40, Florida Statutes (1985), robbery in violation

Bush v. State

519 So. 2d 1014, 12 Fla. L. Weekly 2696, 1987 Fla. App. LEXIS 11265, 1987 WL 1905

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 64632611

Published

concurrently with the other sentences, since section 944.40, Florida Statutes, requires that sentences

Pumphrey v. State

512 So. 2d 1018, 12 Fla. L. Weekly 2095, 1987 Fla. App. LEXIS 10068

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 64629595

Published

have been found guilty of escape as defined in section 944.40, Florida Statutes (1985). We disagree with

Sparkman v. State

507 So. 2d 1188, 12 Fla. L. Weekly 1372, 1987 Fla. App. LEXIS 8492

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 64627479

Published

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

Ramsey v. State

507 So. 2d 742, 12 Fla. L. Weekly 1318, 1987 Fla. App. LEXIS 8353

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 64627363

Published

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

Bull v. State

507 So. 2d 744, 12 Fla. L. Weekly 1317, 1987 Fla. App. LEXIS 8357

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 64627364

Published

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

State v. Francis

505 So. 2d 30, 12 Fla. L. Weekly 959, 1987 Fla. App. LEXIS 7565

District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64626262

Published

Francis was convicted of escape contrary to section 944.40, Florida Statutes (1979). The state appeals

Howell v. State

503 So. 2d 409, 12 Fla. L. Weekly 622, 1987 Fla. App. LEXIS 11985

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 64625443

Published

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

Jordan v. State

505 So. 2d 2, 11 Fla. L. Weekly 2328

District Court of Appeal of Florida | Filed: Nov 5, 1986 | Docket: 64626225

Published

either a consecutive or concurrent sentence. See Section 944.40, Florida Statutes: “The punishment of imprisonment

Rease v. State

488 So. 2d 925, 11 Fla. L. Weekly 1230, 1986 Fla. App. LEXIS 8049

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 64619520

Published

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

Florida Bar Re: Rules of Criminal Procedure

482 So. 2d 311, 11 Fla. L. Weekly 15, 1985 Fla. LEXIS 1427

Supreme Court of Florida | Filed: Dec 19, 1985 | Docket: 64617097

Published

Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses d. General

Ramadanovic v. State

480 So. 2d 112, 10 Fla. L. Weekly 2518, 1985 Fla. App. LEXIS 16716

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 64616228

Published

escape from lawful confinement in violation of section 944.40, Florida Statutes. At issue is whether the

Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988—Sentencing Guidelines)

468 So. 2d 220, 10 Fla. L. Weekly 226, 1985 Fla. LEXIS 3912

Supreme Court of Florida | Filed: Apr 11, 1985 | Docket: 64611706

Published

from category 9 to category 8. In addition section 944.40, Florida Statutes (1971), is added to category

Lowery v. State

455 So. 2d 1152, 9 Fla. L. Weekly 1988, 1984 Fla. App. LEXIS 15100

District Court of Appeal of Florida | Filed: Sep 20, 1984 | Docket: 64606816

Published

correct that the sentence must be consecutive. § 944.40, Fla. Stat. (1981). He is incorrect when he says

Marquez v. State

450 So. 2d 345, 1984 Fla. App. LEXIS 13378

District Court of Appeal of Florida | Filed: May 25, 1984 | Docket: 64604879

Published

his conviction and sentence for escape under section 944.40, Florida Statutes (1981), on three grounds;

State v. Gonzalez

449 So. 2d 1299, 1984 Fla. App. LEXIS 13160

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 64604697

Published

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

Strickland v. State

435 So. 2d 934, 1983 Fla. App. LEXIS 19955

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 64598836

Published

by the deputy on a charge of escape under Section 944.40, Florida Statutes. No evidence was offered

Keel v. State

438 So. 2d 850, 1983 Fla. App. LEXIS 19732

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64599971

Published

certification arguing that our distinguishing section 944.40, Florida Statutes, from the theft statute,

Sullivan v. State

430 So. 2d 519, 1983 Fla. App. LEXIS 19171

District Court of Appeal of Florida | Filed: Apr 22, 1983 | Docket: 64596714

Published

Jail. To support a conviction for escape under section 944.40, Florida Statutes (1981), the state must prove

Williams v. State

416 So. 2d 493, 1982 Fla. App. LEXIS 20485

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64591072

Published

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

Miller v. State

411 So. 2d 290, 1982 Fla. App. LEXIS 19529

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 64588630

Published

believed that he was required by the language of Section 944.40, Florida Statutes (1979) to deliver consecutive

Bronson v. State

409 So. 2d 52, 1981 Fla. App. LEXIS 28203

District Court of Appeal of Florida | Filed: Dec 30, 1981 | Docket: 64587450

Published

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

Laird v. State

394 So. 2d 1121, 1981 Fla. App. LEXIS 18916

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64580839

Published

was found guilty of “escape” in violation of section 944.40, Florida Statutes (1979), and the trial judge

State v. Ferguson

395 So. 2d 1182, 1981 Fla. App. LEXIS 18836

District Court of Appeal of Florida | Filed: Mar 4, 1981 | Docket: 64581300

Published

not commit the crime of escape embodied in Section 944.40, Florida Statutes (1979): Any prisoner confined

Yates v. State

392 So. 2d 1020, 1981 Fla. App. LEXIS 18756

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64579846

Published

penal institution described in the statute. Section 944.40, Florida Statutes (1979) provides: Any prisoner

Ramirez v. State

391 So. 2d 356, 1980 Fla. App. LEXIS 17895

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64579271

Published

instructions. SCHEB, C. J., and DANAHY, J., concur. . § 944.40, Fla.Stat. (1979). . § 843.02, Fla.Stat. (1979)

State v. J.R.M.

388 So. 2d 1227, 1980 Fla. LEXIS 4364

Supreme Court of Florida | Filed: Oct 2, 1980 | Docket: 64578355

Published

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

R.P. v. State

389 So. 2d 658, 1980 Fla. App. LEXIS 18052

District Court of Appeal of Florida | Filed: Sep 30, 1980 | Docket: 64578561

Published

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

Dyal v. State

386 So. 2d 868, 1980 Fla. App. LEXIS 17335

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 64577664

Published

county, or municipal prisoner as defined by Section 944.40, Florida Statutes (1977), at the time of his

State v. In the Interest of J. A.

384 So. 2d 1347, 1980 Fla. App. LEXIS 17082

District Court of Appeal of Florida | Filed: Jul 1, 1980 | Docket: 64576841

Published

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

Morgan v. State

365 So. 2d 172, 1978 Fla. App. LEXIS 16531

District Court of Appeal of Florida | Filed: Nov 1, 1978 | Docket: 64567471

Published

charge, which is also a second degree felony, Section 944.40, Fla.Stat. (1977), is also within the statutory

Prince v. State

360 So. 2d 1161, 1978 Fla. App. LEXIS 16053

District Court of Appeal of Florida | Filed: Jul 26, 1978 | Docket: 64565435

Published

be found guilty of the crime of escape under Section 944.40, Florida Statutes.2 Appellee points out that

In the Interest of F. G.

349 So. 2d 727, 1977 Fla. App. LEXIS 16265

District Court of Appeal of Florida | Filed: Aug 23, 1977 | Docket: 64560053

Published

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

Thomas v. State

301 So. 2d 487, 1974 Fla. App. LEXIS 8586

District Court of Appeal of Florida | Filed: Oct 11, 1974 | Docket: 64541682

Published

contendere to a charge of escape in violation of § 944.40 F.S., was ad*488judged guilty and sentenced to

Rowe v. State

299 So. 2d 621

District Court of Appeal of Florida | Filed: Sep 4, 1974 | Docket: 64540914

Published

he was incarcerated in the first instance. Section 944.40, Florida Statutes provides, inter alia: The

Rothrock v. Wainwright

286 So. 2d 240, 1973 Fla. App. LEXIS 6280

District Court of Appeal of Florida | Filed: Dec 14, 1973 | Docket: 64535883

Published

florida charging appellant with escape under § 944.40, F.S.1969, F.S. A. He pled no contest thereto

Burgess v. State

283 So. 2d 399

District Court of Appeal of Florida | Filed: Oct 9, 1973 | Docket: 64534594

Published

Defendant appeals a conviction for escape under Section 944.40, F.S.1969, F.S.A. He was incarcerated pursuant

Van Den Bliek v. State

281 So. 2d 218, 1973 Fla. App. LEXIS 7622

District Court of Appeal of Florida | Filed: Aug 6, 1973 | Docket: 64533739

Published

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

Van Den Bliek v. State

281 So. 2d 218, 1973 Fla. App. LEXIS 7622

District Court of Appeal of Florida | Filed: Aug 6, 1973 | Docket: 64533739

Published

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

Pons v. State

278 So. 2d 336

District Court of Appeal of Florida | Filed: May 8, 1973 | Docket: 1356756

Published

crime of escape from a prosecution under F.S. § 944.40, F.S.A. Appellant contends he is entitled to reversal

Davis v. State

257 So. 2d 79, 1972 Fla. App. LEXIS 7324

District Court of Appeal of Florida | Filed: Jan 21, 1972 | Docket: 64524080

Published

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

Naylor v. State

250 So. 2d 660, 1971 Fla. App. LEXIS 6314

District Court of Appeal of Florida | Filed: Jun 11, 1971 | Docket: 64521462

Published

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

Norton v. Wainwright

324 F. Supp. 379, 1971 U.S. Dist. LEXIS 14092

District Court, N.D. Florida | Filed: Mar 22, 1971 | Docket: 66068928

Published

assistance of counsel; d. Florida Statutes, Section 944.40, F.S.A. is unconstitutional for overbreadth

White v. State

240 So. 2d 150, 1970 Fla. LEXIS 2340

Supreme Court of Florida | Filed: Oct 7, 1970 | Docket: 64516924

Published

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

Abigando v. State

239 So. 2d 646, 1970 Fla. App. LEXIS 5847

District Court of Appeal of Florida | Filed: Oct 6, 1970 | Docket: 64516707

Published

JOHNSON, C. J., and RAWLS, J., concur. . F.S. § 944.40, F.S.A. . 12 Fla.Jur. 274, Escape, § 5. See

Abigando v. State

239 So. 2d 646, 1970 Fla. App. LEXIS 5847

District Court of Appeal of Florida | Filed: Oct 6, 1970 | Docket: 64516707

Published

JOHNSON, C. J., and RAWLS, J., concur. . F.S. § 944.40, F.S.A. . 12 Fla.Jur. 274, Escape, § 5. See

Wooley v. Consolidated City of Jacksonville

308 F. Supp. 1194, 1970 U.S. Dist. LEXIS 13034

District Court, M.D. Florida | Filed: Jan 28, 1970 | Docket: 66059155

Published

conduct), as well as a conviction for violation of Section 944.40 of the Florida Statutes, F.S.A. (escape from

Sheptin v. State

210 So. 2d 464, 1968 Fla. App. LEXIS 5566

District Court of Appeal of Florida | Filed: May 14, 1968 | Docket: 64505358

Published

attempting to> escape in violation of Fla.Stat. § 944.40, F.S.A. He entered a plea of not guilty, waived

Sterns v. Wainwright

195 So. 2d 860, 1967 Fla. LEXIS 4170

Supreme Court of Florida | Filed: Mar 1, 1967 | Docket: 64500010

Published

he claims had already expired. By virtue of Section 944.40, Florida Statutes, F.S.A., the escape sentence

Garrett v. State

193 So. 2d 232

District Court of Appeal of Florida | Filed: Dec 14, 1966 | Docket: 64499196

Published

PER CURIAM. Affirmed. See: Section 944.40, Fla. Stats., F.S.A.; State ex rel. Wilson v. Culver, Fla

Tirko v. Wainwright

178 So. 2d 697, 1965 Fla. LEXIS 2824

Supreme Court of Florida | Filed: Oct 6, 1965 | Docket: 64494223

Published

solution, however, is not quite so simple. Section 944.40, Florida Statutes, F.S.A., defines and provides

Martin v. State

164 So. 2d 33, 1964 Fla. App. LEXIS 4253

District Court of Appeal of Florida | Filed: May 20, 1964 | Docket: 60221560

Published

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

In re Allen

140 So. 2d 640, 1962 Fla. App. LEXIS 3214

District Court of Appeal of Florida | Filed: Apr 19, 1962 | Docket: 60204377

Published

convicted of the offense of escape, as denounced by § 944.40, Florida Statutes, F.S. A. The escape occurred

Melton v. Culver

107 So. 2d 378

Supreme Court of Florida | Filed: Dec 17, 1958 | Docket: 60191405

Published

execution. The offense of escape is defined by Section 944.40, Florida Statutes, F.S.A. It is there provided