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COM. v. BROWN

261 Pa.Super. 240 (1978)

396 A.2d 377

COMMONWEALTH of Pennsylvania, Appellee, v. Carl G. BROWN, Appellant.

Superior Court of Pennsylvania.

Decided December 22, 1978.

Attorney(s) appearing for the Case

John A. Felix, Williamsport, for appellant.

David C. Shipman, Assistant District Attorney, Williamsport, for Com., appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, President Judge:

Appellant Carl Brown brings this appeal from a dismissal of his P.C.H.A. petition.1 He contends that he was not in "official detention" at the time he walked away from a work release program, and was erroneously charged with escape under 18 C.P.S.A. § 5121(a). That section reads:

(a) Escape. — A person commits an offense if he unlawfully removes himself from official detention or fails to return...

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