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STATE v. BRESHON

Nos. 28428-6-II, 28772-2-II.

63 P.3d 871 (2003)

STATE of Washington, Respondent, v. Carla H. BRESHON, Appellant. State of Washington, Respondent, v. David R. Simmons, Appellant.

Court of Appeals of Washington, Division 2.

February 25, 2003.

Attorney(s) appearing for the Case

Michelle Luna-Green and Thomas Charles Roberts, Dpty Pros Attorney, Tacoma, for Respondents.

Dino G. Sepe, Tacoma, for Appellant.

ARMSTRONG, J.

Carla Breshon and David Simmons1 appeal their convictions of first degree escape for failing to report daily to the treatment program a sentencing judge had ordered for each as a substitute for jail time. They contend that they were not in custody at the program and, therefore, did not commit first degree escape when they left. We disagree and, accordingly, affirm.

FACTS

After Carla Breshon pleaded guilty...

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