Johnson v. State

CourtCourt of Appeal of Florida (US)
Citation357 So.2d 203
Docket NumberNo. HH-86,HH-86
PartiesAnthony Ozer JOHNSON, Appellant, v. STATE of Florida, Appellee.
Decision Date15 March 1978

Michael Minerva, Public Defender, and Janice G. Scott, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant seeks review of the judgment and sentence for escape, Section 944.40, Florida Statutes (1975). Appellant contends he is entitled to reversal because of an alleged variance between the gravamen of the information and the evidence adduced at trial.

The information alleged that appellant "was lawfully confined in the Alachua County Adult Detention Center, . . . and being then and there so confined, did unlawfully escape from such confinement, . . . ." The evidence revealed that appellant was arrested and taken to the Alachua County Adult Detention Center. During the booking process, appellant apparently became ill and was escorted by a police officer to the emergency room of Alachua General Hospital for treatment. Appellant escaped while at the hospital. Appellant asserts there is a fatal variance because the evidence did not reveal that appellant escaped from the confinement of the Alachua County Adult Detention Center.

Section 944.40, Florida Statutes (1975), provides:

"Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree, . . ."

We do not believe the term "confinement" is narrowly limited to the actual physical presence in the jail. Appellant had been committed to the jail and was in the lawful custody of the jail. This confinement may extend to the hospital from which appellant escaped. Although Sections 945.091 and 951.24, Florida Statutes (1975), specifically recognize that a prisoner may be regarded as "confined" even though not physically present in the correctional facility for the purposes of work-release programs and other rehabilitative purposes, the existence of these statutes does not require a narrow definition of the term "confinement."

Accordingly, there was no fatal variance between the information and the evidence adduced at trial. Therefore, the judgment and sentence are AFFIRMED.

MILLS...

To continue reading

Request your trial
11 cases
  • Williams v. State, 80-1368
    • United States
    • Court of Appeal of Florida (US)
    • July 7, 1982
    ...the escape was from the hospital rather than directly from jail is not determinative of the issue raised by this appeal. Johnson v. State, 357 So.2d 203 (Fla. 1st DCA), cert. denied, 362 So.2d 1054 (Fla.1978). The issue is whether or not the state established a prima facie case sufficient t......
  • State v. Ramsey
    • United States
    • United States State Supreme Court of Florida
    • July 11, 1985
    ...of prisoner is being transported to a place of confinement at the point in time when he becomes a prisoner. The case of Johnson v. State, 357 So.2d 203 (Fla. 1st DCA), cert. denied, 362 So.2d 1054 (Fla.1978), is analogous to the instant case. The defendant in Johnson was already confined in......
  • State v. Akers, 78-1486
    • United States
    • Court of Appeal of Florida (US)
    • February 14, 1979
    ...sentencing. Estep v. State, 318 So.2d 520 (Fla. 1st DCA 1975). Such confinement is not limited to confinement in jail. Johnson v. State, 357 So.2d 203 (Fla. 1st DCA 1978). For conviction under the escape statute, the state need show only (1) the right to legal custody and (2) a conscious an......
  • Pumphrey v. State
    • United States
    • United States State Supreme Court of Florida
    • July 14, 1988
    ...from furlough failed to constitute "escape" under this statute. In reaching its conclusion, the district court relied on Johnson v. State, 357 So.2d 203 (Fla. 1st DCA) (escape upheld where prisoner became ill during booking and, after being escorted to the emergency room, escaped from the h......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT