Villegas-Alen v. State

In the instant case, appellant argues that his conviction and sentence for escape under section 944.40, Florida Statutes (1997), must be vacated because as a civil detainee of the federal Immigration and Naturalization Service (INS), he was not a “prisoner” subject to the statute. We agree and reverse on this issue. We affirm, however, without further discussion appellant’s judgment and sentence for grand theft of an automobile.

Upon appellant’s completing service of a state prison sentence in June 1997, the Department of Corrections released appellant to the custody of the INS pursuant to a…