EARLY v. STATE

No. 95-3135.

678 So.2d 901 (1996)

Eric S. EARLY, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 23, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, Judge.

The issue in this case is whether Eric S. Early was sufficiently "confined" in order to qualify as an escapee under the terms of section 944.40, Florida Statutes (1995).

After a prior conviction, Mr. Early was sentenced to 51 weeks incarceration in the county jail with the recommendation that he be placed in the Work Release Program. He was placed in that program but was subsequently transferred to the Daily Reporting Program. In this program...

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