Caldwell v. State

SPECTOR, Judge.

Petitioner in an original habeas corpus action seeks release from a five-year sentence imposed upon him after his convic*428tion of the crime of escape from the Alachua County Jail.

In support of his claim, petitioner advances the interesting theory that his escape was not unlawful and, hence, not a crime inasmuch as the sentence he was serving at the time he escaped was itself unlawful. The allegedly unlawful sentence was a two-year term imposed after he pled guilty to a charge of breaking and entering with intent to commit a misdemeanor. Petitioner’s claim is that the two-year…