DYAL v. STATE

No. SS-252.

386 So.2d 868 (1980)

David Henry DYAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 14, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Doris E. Jenkins, Asst. Atty. Gen., for appellee.


MILLS, Chief Judge.

Dyal appeals from his conviction for escape on the ground that he was not a state, county, or municipal prisoner as defined by Section 944.40, Florida Statutes (1977), at the time of his escape. We affirm.

Dyal was serving a sentence in Lake Correctional Institution under the custody of the State of Florida when federal authorities filed a writ of habeas corpus ad testificandum commanding his appearance as a witness in a trial in Jacksonville...

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