WALDEN, Judge.
Defendant appeals a conviction for escape under Section 944.40, F.S. 1969, F.S.A. He was incarcerated pursuant to a conviction for three crimes and was awaiting sentencing at the time of his escape.
The pertinent statutes in force at that time, which have since been changed, defined a prisoner as "... any person convicted and sentenced by the courts... ." Defendant did not fall within the statutory definition of prisoner at the time because...
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