MARQUEZ v. STATE

No. 83-1748.

450 So.2d 345 (1984)

Kevin John MARQUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 25, 1984.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Acting Chief Judge.

Appellant challenges his conviction and sentence for escape under section 944.40, Florida Statutes (1981), on three grounds; we reverse on the basis of the sole point which we consider to have merit.

Appellant allegedly escaped from the Lee County jail while awaiting sentencing on three convicted offenses. During the jury trial on the escape charge, the state attempted to establish appellant's status as a prisoner under section...

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