VILLEGAS-ALEN v. STATE

No. 1D98-3771.

797 So.2d 1 (2000)

Gilberto VILLEGAS-ALEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Opinion on Rehearing January 22, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera and Thomas D. Winokur, Assistants Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In the instant case, appellant argues that his conviction and sentence for escape under section 944.40, Florida Statutes (1997), must be vacated because as a civil detainee of the federal Immigration and Naturalization Service (INS), he was not a "prisoner" subject to the statute. We agree and reverse on this issue. We affirm, however, without further discussion appellant's judgment and sentence for grand theft of an automobile.

Upon appellant...

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