State v. Newman

Charles Joe Newman appeals his conviction of first degree escape and probation revocation alleging that (1) the State wrongfully charged him with first degree escape under RCW 9A.76.110, the general escape statute, rather than under RCW 72.65.070 which is applicable to prisoners on leave who fail to return to a work release facility; and (2) one of the jury instructions unduly emphasized the State's theory and amounted to an unconstitu tional comment on the evidence. We reverse and remand for a new trial.

On January 4, 1982, Newman pleaded guilty to possession of stolen property. On November…