State v. Dorn

On October 1, 1996, Dorn was sentenced to 180 days in the county jail for the crime of theft in the second degree. On November 21, 1996, he was granted a medical furlough to attend an eye examination the next day. Dorn did not return from his furlough, and was later apprehended in Oregon.

Dorn was charged with escape in the first degree, RCW 9A.76.110, 2 and convicted at a bench trial on stipulated facts. Dorn contends that he should have been charged with the specific crime of failure to return from a furlough, RCW 72.66.060, 3 rather than under the general escape statute. We agree and,…