IVIE v. STATE

No. A-9680.

179 P.3d 947 (2008)

Hakim IVIE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 28, 2008.


Attorney(s) appearing for the Case

David K. Allen, Assistant Public Advocate, Fairbanks, and Joshua P. Fink, Public Advocate, Anchorage, for the Appellant.

Timothy W. Terrell, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.


OPINION

COATS, Chief Judge.

Hakim Ivie was indicted for escape in the second degree for walking away from a halfway house. To convict Ivie of that offense, the State had to prove that he removed himself from a correctional facility while he was under "official detention."

Ivie moved to dismiss the indictment, claiming that he was not under official detention at the halfway house because the superior court had ordered him released on bail....

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