State v. Jiminez

The opinion of the court was delivered by

GRUCCIO, J.A.D.

The State appeals from a judgment dismissing Indictment No. 87-08-1404 charging Allan Jiminez with violating N.J.S.A. 2C:29-5(a), escape. At the time of defendant’s flight from this jurisdiction, he was a participant in the New Jersey Intensive Supervision Program (ISP). The trial court found that ISP did not constitute official custody and therefore defendant could not be charged with the separate offense of escape. We reverse and remand this matter for trial.

Here are the facts: On June 25, 1985, defendant was convicted on two counts of…