Rease v. State

BOOTH, Chief Judge.

This cause is before us on appeal from a judgment of conviction and sentence entered in the Circuit Court of Clay County. The issue presented is whether the trial court erred in interpreting Section 944.40, Florida Statutes (1983), to require the imposition of a consecutive sentence for escape when the defendant was in prison awaiting sentencing on a prior conviction.

The defendant had been convicted of possession of a firearm by a convicted felon and was in jail waiting to be sentenced. While in transport from the jail to the courthouse to be sentenced, the defendant…