Ex Parte Dietz

This petition for writ of certiorari raises the question of whether the Court of Criminal Appeals, 474 So.2d 120, erred in affirming petitioner's conviction for escape in the first degree under Code 1975, § 13A-10-31. We granted the writ because the petition presented a significant issue as to whether petitioner was in lawful custody under the provisions of §§ 13A-10-30, -31, and 15-22-54.

George Stephen Dietz, the petitioner, was arrested by officers of the Hartselle Police Department on June 24, 1981, and charged with driving under the influence and driving without a license. At the time, he…