MONCRIEFFE v. STATE

No. 4D08-904.

55 So.3d 736 (2011)

Fabian MONCRIEFFE a/k/a Reuben Foster, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 16, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Ellen Griffin , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Joseph A. Tringali , Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Defendant, Fabian Moncrieffe, appeals his conviction for escape. Because the evidence failed to demonstrate that the defendant was validly arrested and in the lawful custody of the Lauderhill police at the time of his alleged escape, we reverse his conviction and sentence for escape.

Defendant was charged by information with escape while in the lawful custody of the Lauderhill Police Department on July 27, 2005, in violation of section 944.40, Florida...

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