State v. Pearson

OPINION

ARMIJO, Judge.

{1} After sentencing Byron Pearson (Defendant) to a one-year prison term, the district court allowed him a period of three months to attend to his personal affairs prior to the commencement of the prison term. At the expiration of this three-month period, Defendant failed to surrender himself, as ordered, to the Department of Corrections (Department). This appeal-the State’s from the district court’s quashing of an indictment alleging escape-presents a straightforward question: Did Defendant’s failure to appear on a date and time certain constitute escape? For the reasons…