GRANTHAM v. STATE

4 Div. 769.

540 So.2d 775 (1987)

Clinton GRANTHAM v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 10, 1987.


Attorney(s) appearing for the Case

Edward M. Young of Motley & Young, Dothan, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.


TAYLOR, Judge.

The appellant, Clinton Grantham, was convicted of escape in the third degree, in violation of § 13A-10-33, Code of Alabama 1975, and was sentenced to fifteen years' imprisonment. The issue in this case is whether appellant Grantham, a convict on the SIR (Supervised Intensive Restitution) program, was in "custody," so that he could be convicted of escape. We are constrained to hold that he was not.

While Grantham was part of the SIR program...

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