ERIC S. EARLY, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A prisoner on a daily reporting program who fails to return to the work release facility after notice that his furlough has ended is considered an escapee under section 944.40, Florida Statutes.
[1] A prisoner who fails to return to a correctional facility by a prescribed time after being ordered to do so, following a failure to comply with the terms of a work releas…
[2] A prisoner's release from incarceration is conditional upon compliance with the terms of that release, and failure to adhere to these terms can result in a determination…
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Join FLexlaw to unlock all legal intelligenceMr. Early was placed in a work release program and later transferred to a daily reporting program, allowing him to reside at home but requiring him to…
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HARRIS, Judge.
The issue in this case is whether Eric S. Early was sufficiently “confined” in order to qualify as an escapee under the terms of section 944.40, Florida Statutes (1995).
After a prior conviction, Mr. Early was sentenced to 51 weeks incarceration in the county jail with the recommendation that he be placed in the Work Release Program. He was placed in that program but was subsequently transferred to the Daily Reporting Program. In this program, Mr. Early was permitted to reside at home but was required to report for work at specific times. After Mr. Early failed to report to work on schedule, he was ordered to return to the Work Release Facility by a time certain. He failed to so report and in due course was convicted of escape. He contends that he was not sufficiently confined in the Daily Reporting Program to meet the requirements of section 944.40. We disagree with Mr. Early’s analysis and affirm.
We would agree with Mr. Early if the state had relied only on his failure to report to work pursuant to the requirement of the Daily Reporting Program. However, the State urges that Early’s “escape” was his failure to report back to the Work Release Facility after notice. He remained throughout this period under an order of incarceration. He was released from incarceration only so long as he complied with the conditions of that release. He was, in a sense, “furloughed” from the Work Release Facility so long as he reported to work as required.
Section 951.24(4), Florida Statutes (1995), provides:
Any prisoner who willfully fails to remain within the extended limits of his confinement or to return within the time ‘prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law. (Emphasis added).
After Mr. Early was advised that his “furlough” had ended upon his failure to report to work as directed, his failure to timely return to the Work Release Facility constituted escape under the statute. See Price v. State, 333 So. 2d 84 (Fla. 1st DCA 1976).
AFFIRMED.
COBB and W. SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Williams, 918 So. 2d 400 (Fla. 2d DCA 2006)…th District has suggested in dicta that, although failing to report back to a work release facility upon being notified to do so would subject a work release inmate to a charge of escape, the mere failure to report to work would not. Early v. State, 678 So. 2d 901, 901 (Fla. 5th DCA 1996) (“We would agree with [the defendant charged with escape] if the state had [*402] relied only on his failure to report to work....”). We agree with the Fifth District’s suggestion. Williams was not a confined inmate under se…
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Howell v. State, 45 So. 3d 527 (Fla. 1st DCA 2010)…tody and shall be subject to punishment as prescribed by law.” § 951.24(4), Fla. Stat. (2008) (emphasis added). Appellant’s purported defense is flatly contradicted by the plain language of the statute, and thus, contrary to law. See Early v. State, 678 So. 2d 901 (Fla. 5th DCA 1996) (appellant’s failure to timely return to work release facility constituted escape under section 951.24(4), Florida Statutes). AFFIRMED. HAWKES, C.J., PADOVANO and MARSTILLER, JJ., concur.…
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Gonzalez v. State, 782 So. 2d 982 (Fla. 3d DCA 2001)…PER CURIAM. Affirmed. See Early v. State, 678 So. 2d 901 (Fla. 5th DCA 1996); Price v. State, 333 So. 2d 84 (Fla. 1st DCA 1976).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of G. S. M. v. State, 333 So. 2d 84 (Fla. 1st DCA 1976)
- Price v. State, 333 So. 2d 84 (Fla. 1st DCA 1976)