IN THE INTEREST OF F. G., A CHILD
IN THE INTEREST OF F. G., A CHILD
349 So. 2d 727
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 9 cases
Topics
Explore caselaw by topic → Browse Statutory Construction cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
The only issue presented here is whether Section 944.40 of the Florida Statutes includes escapes from a juvenile detention center. Section 944.40 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, punishable as provided in § 775.082, § 775.083, or § 775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. In addition Section 416.06 of the Florida Statutes provides that “a detention home shall not be deemed to be, nor treated as a penal institution, but a home.” Based on the clear and unambiguous language of the statutes involved, the trial court dismissed a petition which attempted to allege a crime for escape from a juvenile home under Section 944.40. That order of dismissal is hereby affirmed.
ALDERMAN, C. J., and DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Prince v. State, 360 So. 2d 1161 (Fla. 4th DCA 1978)…by jury. After receiving a pre-sentence report, the court entered an adjudication of guilt to the crime of escape and sentenced appellant to three years confinement. This appeal then followed. Recently in the case of In Interest of F. G., a child, 349 So. 2d 727 (Fla. 4th DCA 1977), this court determined, in view of the express language of Section 416.06, Florida Statutes,1 that a juvenile escaping from a county detention home could not be found guilty of the crime of escape under Section 944.40, Florida St…
-
State v. In the Interest of J. A., 384 So. 2d 1347 (Fla. 3d DCA 1980)…is clear that the allegations of the petition do not constitute a violation of law within the meaning of section 944.40, Florida Statutes. Earnest v. State, 351 So. 2d 957 (Fla.1977); Prince v. State, 360 So. 2d 1161 (Fla. 4th DCA 1978); In re F.G., 349 So. 2d 727 (Fla. 4th DCA 1977). The order appealed is affirmed. Affirmed. . § 944.40, Fla.Stat. (1977) provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon public roads, or bein…
-
State v. J.R.M., 388 So. 2d 1227 (Fla. 1980)…tained at juvenile facilities. Prior to the enactment of chapter 78-414, § 17, escape from a juvenile detention facility did not constitute a violation of section 944.40. Prince v. State, 360 So. 2d 1161 (Fla. 4th DCA 1978); In the Interest of F.G., 349 So. 2d 727 (Fla. 4th DCA 1977). Arguably, therefore, the legislature was trying to amend section 944.40 to include juvenile detention center escapes when it enacted chapter 78 — 414, section 17. However, the new provision was not expressly designated as an ame…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence