STATE v. SANCHEZ

No. 2 CA-CR 3513-2.

145 Ariz. 339 (1985)

701 P.2d 597

The STATE of Arizona, Appellee, v. Roy Raul SANCHEZ, Appellant.

Court of Appeals of Arizona, Division 2.

January 16, 1985.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Gary A. Fadell, Phoenix, for appellee.

Robertson & Villarreal, Ltd. by Michael A. Villarreal, Florence, for appellant.


OPINION

HOWARD, Judge.

Appellant, convicted by a jury of escape in the third degree, a class 6 non-dangerous felony, with one prior conviction, was sentenced to a prison term of 2.25 years. The determinative issue in this case is whether appellant was in constructive restraint when he "escaped." We conclude that he was not, and reverse.

At 10:30 p.m. on June 3, 1983, Officer John Ellsworth, a police officer for the City of Casa Grande, was in a police...

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