STATE v. SMELTZER

No. 15669-9-III.

939 P.2d 1235 (1997)

86 Wash.App. 818

The STATE of Washington, Respondent, v. Larry Keith SMELTZER, Appellant.

Court of Appeals of Washington, Division 3, Panel Seven.

July 3, 1997.


Attorney(s) appearing for the Case

Paul J. Wasson, Spokane, for Appellant.

David M. Soukup, Deputy Prosecuting Attorney, Colville, for Respondent.


SCHULTHEIS, Acting Chief Judge.

After Larry Smeltzer was convicted for manufacturing a controlled substance and sentenced, the trial court allowed him a weekend furlough before serving his sentence. He failed to turn himself in on Monday and later was arrested on a bench warrant. He appeals his subsequent conviction for first degree escape, arguing he should have been charged under the more specific statute proscribing failure to return from a furlough. We reverse...

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