HELTON v. STATE

No. W-217.

311 So.2d 381 (1975)

Johnny Diamond HELTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 24, 1975.


Attorney(s) appearing for the Case

Alan R. Parlapiano, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.


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. It seems that on the night of December 24, 1973, appellant was lawfully incarcerated in Cell Block "E"...

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