State v. Peters

FLANIGAN, Judge.

A jury found defendant guilty of escape from confinement, § 575.210,1 and he was sentenced, as a persistent offender, to a term of eight years. Defendant appeals.

On March 25, 1984, while being held as a prisoner in the Barry County Jail, defendant escaped from the jail and remained at large until December 1984, when he was arrested in New Mexico. The escape was effected because the jailer failed to lock an outside door while defendant was outside his cell answering the telephone in the “booking room.”

Defendant asserts that the trial court erred in failing to give the following…