The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 944.40, Fla. . . . Escape, whether attempted or completed, is a second degree felony under section 944.40, punishable by . . .
. . . . § 944.40. . . .
. . . failure to return from his one-day pretrial furlough did not constitute escape as defined in section 944.40 . . . County Branch Jail, did escape or attempt to escape from such confinement, contrary to Florida Statutes 944.40 . . . Section 944.40 provides: Any prisoner confined in any prison, jail, private correctional facility, road . . . Florida Supreme Court held that a pretrial detainee could not be convicted for escape under section 944.40 . . . argued that upon the granting of his furlough request, he was not a prisoner as defined in section 944.40 . . .
. . . such that deviation from Work Release Program established prima facie case of escape under section 944.40 . . . defendant’s failure to return to Work Release Facility as ordered constituted escape under section 944.40 . . .
. . . Poillot was charged by amended information with escape pursuant to section 944.40, Florida Statutes. . . . determining whether the State sufficiently demonstrated a prima facie case of escape under section 944.40 . . . Section 944.40, Florida Statutes, provides that a prisoner who escapes confinement commits a second-degree . . . who escapes or attempts to escape from such confinement commits a felony of the second degree. ... § 944.40 . . . Under section 945.091(4), an inmate on authorized work release can be guilty of escape under section 944.40 . . .
. . . This instruction was adopted in 2016, 27.1 [ATTEMPTED] ESCAPE § 944.40, Fla. Stat. . . .
. . . . § 944.40 (1989)). . . . Stat. § 944.40 or Fla. Stat. § 945.091(4). . . . .
. . . . § 944.40, qualified as a violent felony under the Armed Career Criminal Act’s residual clause, 18 U.S.C . . . Stat. § 944.40 does not have “as an element the use, attempted use, or threatened use of physical force . . .
. . . In the amended information, the State alleged that Poillot “did, in violation of Florida Statute 944.40 . . . In pertinent part, section 944.40, Florida Statutes (2014), provides as follows: Any prisoner confined . . . who escapes or attempts to escape from such confinement commits a felony of the second degree.... § 944.40 . . . determining whether the State sufficiently demonstrated a prima facie case of escape under section 944.40 . . . Under Poillot’s interpretation, the only way to violate section 944.40 when on work release is to fail . . .
. . . . § 944.40, constituted a “crime of violence” under U.S.S.G. §§ 2K2.1 and 4B1.2. I. . . . Stat. § 944.40. . . . We have recognized that § 944.40 can be violated in at least four ways: (1) escape from jail; (2) escape . . .
. . . . § 944.40 was not a violent felony in light of Begay v. . . . Stat. § 944.40 was not a violent felony under the Armed Career Criminal Act (ACCA). . . . Stat. § 944.40 was a violent felony under the ACCA during his trial and sentencing in 2003, direct appeal . . . Stat. § 944.40 constituted a violent felony under the ACCA. See Williams, 713 F.3d at 1345. . . . Stat. § 944.40 (1985). . . . .
. . . . § 944.40, Fla. Stat. (1985). . . .
. . . to appear, pursuant to section 843.15(1)(a), Florida Statutes; and (2) escape, pursuant to section 944.40 . . .
. . . Appellant appeals his conviction and sentence for escape under section 944.40, Florida Statutes (2010 . . . “Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the . . . contrast, section 985.721, Florida Statutes (2010), “deals with escape attempts, as defined by section 944.40 . . . A conviction under section 944.40, Florida Statutes (2010), is a second-degree felony, punishable by . . .
. . . .] § 944.40 and is a felony of the third degree.” Fla. Stat. . . . Under § 944.40, “[a]ny prisoner confined in any prison, jail, private correctional facility, road camp . . . Id. § 944.40. . . . conviction for escape from jail or from custody while being transported to or from jail, pursuant to § 944.40 . . .
. . . See § 944.40, Fla. Stat. (1997). . . . For purposes of section 944.40, confinement sufficient for a conviction of escape or attempted escape . . .
. . . . 5th DCA 2004), the defendant was charged with and found guilty of escape, in violation of section 944.40 . . .
. . . . § 944.40. . . . denied Good-loe’s § 2255 motion on the merits, we need not address whether an escape conviction under § 944.40 . . .
. . . . § 944.40, the same statute that Bailey was convicted under, qualified as a predicate offense for armed . . . Stat. § 944.40. . . . We determined that there were several separate crimes enumerated in § 944.40, including: “(1) escape . . .
. . . . § 944.40 constituted a crime of violence. Therefore, we affirm the Canty’s sentence. AFFIRMED. . . . .
. . . First we note that one violates § 944.40 by escaping from custody or attempting to do so. . . . As the Supreme Court did in Chambers, we distinguish the several separate crimes enumerated in § 944.40 . . . Instead, one convicted of violating § 944.40 was already in custody when he escaped or attempted to do . . . Stat. § 944.40 is a violent felony under the ACCA, we affirm the district court’s application of the . . . The court in Sanchez determined that a violation of § 944.40 did qualify as a serious violent felony . . .
. . . in the lawful custody of the Lauderhill Police Department on July 27, 2005, in violation of section 944.40 . . .
. . . See § 944.40, Fla. Stat. (2006). . . .
. . . Even if the paperwork did not specifically reference section 944.40, Florida Statutes, which sets forth . . .
. . . . § 944.40. . . .
. . . . § 944.40. . . . Stat. § 944.40, but argues that, although he was convicted of escape, his actual conduct in committing . . . Stat. § 944.40. Conduct that violates § 945.091(4), however, is deemed a violation of § 944.40. . . . Stat. § 944.40 provides: Any prisoner confined in any prison, jail, private correctional facility, road . . .
. . . McKin-non was apprehended shortly thereafter and subsequently charged with a violation of section 944.40 . . .
. . . .” § 944.40, Fla. Stat. . . .
. . . Section 944.40, Florida Statutes, defines the crime of escape as committed when “[a]ny prisoner ... being . . . The court addressed the issue of when “transportation” begins under section 944.40, defining escape to . . . a prisoner “being transported to or from a place of confinement” escapes “from such confinement.” § 944.40 . . .
. . . See § 944.40, Fla. . . . because one of those sentences was imposed for escape, that result is also consistent with section 944.40 . . .
. . . charged by information with Escape from Juvenile Facility (count I), pursuant to sections 985.3141 and 944.40 . . . , Florida Statutes (2005), and Escape (count II), pursuant to section 944.40, Florida Statutes (2005) . . . Section 985.3141 deals with escape attempts, as defined by section 944.40, from detention facilities . . . Section 944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the . . . facility, the trial court did not err in finding that the applicable statute is section 985.3141 and not 944.40 . . .
. . . .” § 944.40, Fla. Stat. (2005). . . .
. . . Comment This instruction was adopted in 2007. 27.1 ESCAPE § 944.40, Fla. Stat. . . .
. . . The defendant appeals his conviction and sentence for escape in violation of section 944.40, Florida . . . Section 944.40, Florida Statutes (2003), under which the State charged the defendant, provides that “ . . . The single issue raised is whether the State failed to prove the allegations of escape under section 944.40 . . . In both situations, the State charged the defendant with escape under section 944.40. . . . These facts do not support the allegations of an escape, pursuant to section 944.40. . . .
. . . immediately arrested Williams, and the State later charged him with escape in violation of section 944.40 . . . arguing that as a participant in a work release program, he was not a confined inmate under section 944.40 . . . Florida’s escape statute, section 944.40, states: Any prisoner confined in any prison, jail, private . . . Williams was not a confined inmate under sections 944.40 and 951.24 when he was released from the work . . . as a participant in a work release program, was "confined” under Florida’s escape statute, section 944.40 . . .
. . . Escape, as described in s. 944.40; or g. . . .
. . . . § 944.40, Fla. Stat., a second-degree felony. . . . .
. . . Section 944.40, Florida Statutes, governing escape, covers multiple circumstances in which a prisoner . . .
. . . from a place of confinement, did escape or attempt to escape from such custody,” contrary to sections 944.40 . . . Section 944.40 provides as follows: Any prisoner confined in any prison, jail, private correctional facility . . .
. . . Escape is defined in section 944.40, Florida Statutes (2001) as: Any prisoner confined in any prison, . . . PETERSON and ORFINGER, JJ., concur. . § 944.40, Fla. Stat. (2001). . § 944.02(6), Fla. Stat. (2001). . . .
. . . See § 944.40, Fla. Stat. (1997); Watford v. . . .
. . . Stat. section 944.40, makes it a felony of the second degree for a prisoner to escape or attempt to escape . . . having committed three offenses from a list of offenses, which includes “[ejscape, as described in s. 944.40 . . . from prison for purposes of the 10/20/Life statute, it would have added the words “as described in s.944.40 . . .
. . . instruction given to the jury sufficiently articulated the elements of escape as set forth in section 944.40 . . .
. . . ESCAPE Section 944.40, Florida Statutes (2001) provides, in pertinent part, that “[a]ny prisoner ... . . .
. . . Naturalization Service, he was not a “prisoner” subject to conviction for escape under the provisions of section 944.40 . . . was an INS detainee and not a “prisoner,” he was not subject to a conviction for escape under section 944.40 . . . failure to raise the issue, preserved below, that an INS detainee is not a “prisoner” under section 944.40 . . .
. . . violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40 . . .
. . . Although section 985.3141 does not define escape, the reference to section 944.40, Florida Statutes ( . . . “Escape,” as defined by section 944.40, requires flight from confinement. . . . The juvenile escape statute at issue in this case, section 985.3141, references only section 944.40. . . . prove that J.A.G. committed an escape from confinement within the meaning of sections 985.3141 and 944.40 . . .
. . . . § 944.40. . . .
. . . Section 944.40, Florida Statutes (1999), provides that: Any prisoner confined in any prison, jail, private . . . Ramsey, 475 So.2d 671, 672 (Fla.1985), recognized that section 944.40 applies where a defendant escapes . . . defendant on a 24-hour furlough from which he did not return, was not a prisoner for purposes of section 944.40 . . .
. . . See § 944.40, Fla. Stat. (1999). . . .
. . . Naturalization Service at the time of the incident, was not a “prisoner” subject to punishment under section 944.40 . . .
. . . Bowen was charged with being an accessory after the fact to escape based upon sections 777.03 and 944.40 . . .
. . . Criminal Procedure 3.850, Jose Cupón seeks to overturn his conviction for escape in violation of section 944.40 . . .
. . . A jury found 24-year-old Wilton James Langston (Appellant) guilty of escape pursuant to section 944.40 . . .
. . . Akers, 367 So.2d 700 (Fla. 2d DCA 1979), which, construing sections 944.40 and 944.02(5), Florida Statutes . . .
. . . In the instant case, appellant argues that his conviction and sentence for escape under section 944.40 . . . Whereupon, appellant was charged with escape in violation of section 944.40, Florida Statutes, and grand . . . Appellant was charged with escape under section 944.40, which provides as follows (emphasis added) in . . . To be a “prisoner” under sections 944.02(5) and 944.40, therefore, Florida law requires that the person . . . See § 944.40. Accordingly, Dyal was a “prisoner” under Florida law. . . .
. . . Jimmie Williams appeals his conviction and sentence for attempted escape under section 944.40, Florida . . . The supreme court has stated that sections 944.40 and 944.02(5) should not be narrowly construed in a . . .
. . . Solino was charged by information with one count of escape in violation of sections 944.40 and 951.24 . . .
. . . See § 944.40, Fla. Stat. (1997). . See § 843.15, Fla. Stat. (1997). . See §§ 38.22, 900.04 Fla. . . .
. . . So.2d 793 (Fla. 2d DCA 1991)(holding that mandatory consecutive sentencing for escape is proper); § 944.40 . . .
. . . , the defendant failed to remain within the extended limits of his confinement, contrary to section 944.40 . . .
. . . .§ 944.40, Fla. Stat. (1997). . . .
. . . Appellant pled no contest to one count of escape, pursuant to section 944.40, Florida Statutes (1997) . . .
. . . Escape, as described in s. 944.40; or f. . . .
. . . violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40 . . .
. . . See §§ 944.40, 775.15(2)(b), Fla. Stat. (1991). . . .
. . . entitled to retirement, survivors, and disability insurance benefits under Title XVI in the amount of $944.40 . . .
. . . . § 944.40, Fla. Stat. (1995). . . .
. . . Early was sufficiently “confined” in order to qualify as an escapee under the terms of section 944.40 . . . he was not sufficiently confined in the Daily Reporting Program to meet the requirements of section 944.40 . . .
. . . . § 944.40, Fla.Stat. (1991). . . .
. . . counts of corruption by threat against a public servant [§ 838.021, Fla.Stat. (1993)], and (4) escape [§ 944.40 . . .
. . . facility of restrictiveness level VI or above ... constitutes escape within the intent and meaning of s. 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . .-014, Fla.Stat. (1993) (theft); § 944.40, Fla. Stat. (1993) (escape). . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . 39.061, the legislature intended to adopt by specific reference all of the “ramifications” of section 944.40 . . . The latter section provides: 944.40 Escapes; penalty. — Any prisoner confined in any prison, jail, road . . . explained that the then-existing section 39.112 was a “reference statute” which referred to section 944.40 . . .
. . . The statutory definition of escape is contained in section 944.40, Florida Statutes (1991), which provides . . .
. . . . § 944.40, Fla.Stat. (1989). . § 775.0875, Fla.Stat. (1989). . . .
. . . Category 8: Weapons: Chapter 790 and section 944.40. Category 9: All other felony offenses. . . .
. . . . § 944.40, Fla.Stat. (1991). .The minimum term of fifteen years imposed in this case for escape, a second . . .
. . . Appellant pled guilty to escaping or attempting to escape from a juvenile facility in violation of sections 944.40 . . . . §§ 944.40 and 39.061, Fla.Stat. (Supp.1992). . D.P. v. . . .
. . . delinquent acts or violation of law, contrary to section 39.112, Florida Statutes (1989) and section 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . Section 944.40, Florida Statutes (1991), under which appellant was convicted, provides as follows: Any . . .
. . . committed delinquent acts or violation of law constitute escape within the intent and meaning of section 944.40 . . . committed delinquent acts or violation of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . RAFT Center while under the lawful custody of the authorized officers of HRS, contrary to sections 944.40 . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . HRS Detention Facility, did then and there escape from such lawful confinement, contrary to Section 944.40 . . . Section 944.40 makes it a second-degree felony for a “prisoner” to escape from “any prison, jail, road . . . conten-dere to an identical charge of “escape from a juvenile detention facility in violation of § 944.40 . . . For this reason, appellant’s admitted escape is governed by section 39.112, not section 944.40. . . . will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 . . .
. . . Category 8: Weapons: Chapter 790 and section 944.40. Category 9: All other felony offenses. . . .
. . . See § 944.40, Fla.Stat. (1989). . . .
. . . contendere and was adjudicated guilty of attempted first-degree murder and escape in violation of section 944.40 . . . Appellant points out that section 944.40 provides that escape from an adult prison or jail is a second-degree . . . The state responds that Appellant pleaded to a violation of section 944.40 and did not appeal that adjudication . . . For this reason, Appellant’s admitted escape is governed by section 39.112, not section 944.40. . . . will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 . . .
. . . which defines escape, and which elevates appellant’s homicide offense to the highest level is section 944.40 . . . . 944.40 Escape; penalty. — Any prisoner confined in any prison, jail, road camp, or other penal institution . . .
. . . . §§ 944.40, 901.15, Fla.Stat. (1981). . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . .
. . . The defendant pled guilty to the offense of escape (§ 944.40, Fla.Stat.), a second degree felony, with . . .
. . . State, 333 So.2d 84 (Fla. 1st DCA 1976); Section 944.40, Fla. Stat. (1989); see also Ayendes v. . . .
. . . . § 944.40, Fla.Stat. (1989). . § 775.082(3)(d), Fla.Stat. (1989). . . .
. . . 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 . . .
. . . . § 944.40, Fla.Stat. (1987). . § 843.02, Fla.Stat. . . .
. . . committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 . . . Section 944.40, Florida Statutes (1989), provides: Any prisoner confined in any prison, jail, road camp . . .
. . . 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 . . .