State v. Clow

OPINION

KALITOWSKI, Judge

Appellant Frank Clow challenges his escape from custody conviction under Minn. Stat. § 609.485, subd. 2(1) (1998). Clow *726argues that as a matter of law the evidence is insufficient to sustain his conviction because the state failed to meet its burden of proving he was held in lawful custody on a charge or conviction of a crime.

FACTS

On November 20,1997, at approximately 3:30 a.m., deputies Steven Jepson and Gene Clark responded to a domestic disturbance involving appellant Frank Clow and his former domestic partner, Peggy Kemper. Clow had visited Kemper’s residence in an…