ATWELL v. STATE

No. 97-4438.

739 So.2d 1166 (1999)

Royce Earl ATWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 19, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

Royce Earl Atwell was convicted of escape while on work release and sentenced to twenty-five years in prison as a habitual offender. The trial judge instructed the jury that Mr. Atwell could be found guilty of escape for failing "to return within the time prescribed" even though the amended information on which he was tried had not alleged this theory of escape. We reverse and remand for a new trial.

A prisoner in the Panama City Correctional Center...

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