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MUNN v. STATE

No. 89-00042.

573 So.2d 439 (1991)

Herman MUNN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 1, 1991.

Attorney(s) appearing for the Case

Joel E. Grigsby, Lake Alfred, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

While a participant in the Department of Corrections supervised community release program, the appellant left his approved residence, his mother's house. For this behavior, he was charged with and convicted of escape, in violation of section 944.40, Florida Statutes (1987). The appellant correctly contends that since he was not in confinement, he should not have been charged with escape.

The escape statute states:

Any prisoner confined...

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