COATS, Judge.
Christopher Hubbard was convicted by a jury of escape in the second degree, a class B felony. AS 11.56.310(a)(1)(B). Hubbard appeals his conviction, arguing that the trial court erred by refusing to dismiss the indictment against him because the evidence which the state presented did not establish that he was "in custody" at the time of the alleged escape. We agree with Hubbard and reverse his conviction.
In September 1988, Christopher Hubbard...
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