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STATE v. SMITH

Nos. 97-0266-CR, 97-1038-CR.

214 Wis.2d 541 (1997)

571 N.W.2d 472

STATE of Wisconsin, Plaintiff-Respondent, v. Turnel W. SMITH, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. Bruce D. DYBDAL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 29, 1997.

Attorney(s) appearing for the Case

On behalf of defendant-appellant Turnel W. Smith, the cause was submitted on the brief of Jack E. Schairer, first assistant state public defender. On behalf of defendant-appellant Bruce D. Dybdal, the cause was submitted on the brief of Bryan J. Borman, assistant state public defender. There was a reply brief filed on behalf of defendant-appellant Turnel W. Smith and defendant-appellant Bruce D. Dybdal by Jack E. Schairer and Bryan J. Borman.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

In separate incidents, Bruce D. Dybdal and Turnel W. Smith failed to return to the county jail after being temporarily released on Huber privileges. They both contend that while they can be prosecuted for escape from jail if they are in the actual custody of the jail, they cannot be prosecuted for escape while on work release. They reason that the escape statute only sanctions "prisoners" who abscond while on...

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