THOMAS v. STATE

No. 4D00-4028.

805 So.2d 102 (2002)

Deverious A. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 23, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We affirm Thomas' conviction on the charge of escape.

Thomas asserts that the trial court erred in denying his motion for judgment of acquittal in a non-jury trial. He argues that the state failed to prove that he was arrested and in custody at the time he fled from the custody of a deputy sheriff.

Taking the evidence in a light most favorable to the state, the record reflects that Deputy Boorman, while in uniform and driving his marked car...

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