STATE v. SHANKS

No. 28490.

75 P.3d 206 (2003)

139 Idaho 152

STATE of Idaho, Plaintiff-Appellant, v. Shawn SHANKS, Defendant-Respondent.

Court of Appeals of Idaho.

July 16, 2003.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Molly J. Huskey, State Appellate Public Defender; Eric Don Fredericksen, Deputy Appellate Public Defender, Boise, for respondent. Eric Don Fredericksen argued.


LANSING, Chief Judge.

This is an appeal from the dismissal of a charge for escape. The State argues that the district court erred by holding that Idaho's escape statute did not apply to the defendant, who had been arrested on a felony warrant but had not yet entered a jail or prison. We affirm.

BACKGROUND

In the early morning hours of January 13, 2002, two Bonner County Sheriff's deputies arrested Shawn Shanks at his girlfriend's residence on a misdemeanor...

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