State v. Welborn

KLEIN, Judge.

Appellee was a corrections officer at Glades Correctional Institute when six inmates escaped. He was charged with violating section 843.10, Florida Statutes (1995), which provides as follows:

Escape by negligence of officer. — If a jailer or other officer, through negligence, suffers a prisoner in his custody upon conviction of any criminal charge to escape, he shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

The trial court dismissed the charges on the ground that the statute is unconstitutional. We affirm.

In State v.…