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STATE v. GERMONTO

No. 20020304-CA.

73 P.3d 978 (2003)

2003 UT App 217

STATE of Utah, Plaintiff and Appellee, v. Frederick GERMONTO, Defendant and Appellant.

Court of Appeals of Utah.

June 26, 2003.

Attorney(s) appearing for the Case

Joan C. Watt, Salt Lake City, for Appellant.

Mark L. Shurtleff and J. Frederic Voros Jr., Asst.Atty. Gen., Salt Lake City, for Appellee.

Before JACKSON, P.J., DAVIS, and THORNE, JJ.

OPINION

JACKSON, Presiding Judge:

¶ 1 Frederick Germonto appeals from a conviction for escape from official custody, a second degree felony, in violation of Utah Code Annotated Section 76-8-309 (1999) (escape statute). We reverse.

BACKGROUND

¶ 2 On February 5, 2000, Germonto, an inmate at the Utah State Prison, attended chapel with a group of other inmates. While walking from the prison chapel back to his housing unit, Germonto...

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