State v. Walker

Edward Allen Walker appeals his conviction under RCW 9A.76.110 for first degree escape. The determinative issue is whether the escape statute was violated when defendant departed from a private residential treatment facility to which he had been confined as a condition of probation.

We hold that the confinement in such a facility is not specifically authorized by the probation statue (RCW 9.95-.210), nor is such confinement authorized as a prescribed punishment for burglary. Consequently, defendant's departure from the facility was at most a violation of a condition of his probation. It does…