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STATE v. NEWMAN

Nos. 13573-2-I; 13581-3-I.

40 Wn. App. 353 (1985)

707 P.2d 1356

THE STATE OF WASHINGTON, Respondent, v. CHARLES JOE NEWMAN, Appellant.

The Court of Appeals of Washington, Division One.

January 21, 1985.

Attorney(s) appearing for the Case

Carey L. Critchlow and Julie A. Kesler of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Deborah J. Phillips, Deputy, for respondent.

SWANSON, J.

Charles Joe Newman appeals his conviction of first degree escape and probation revocation alleging that (1) the State wrongfully charged him with first degree escape under RCW 9A.76.110, the general escape statute, rather than under RCW 72.65.070 which is applicable to prisoners on leave who fail to return to a work release facility; and (2) one of the jury instructions unduly emphasized the State's theory and amounted to an unconstitutional

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