Grant v. State

McCLUNG, Justice.

Bobby Joe Grant appeals his conviction of escape. Appellant argues that there is no evidence to support the conviction, b&: cause the definition of escape in the penal code excludes violations of conditions of probation. Because we agree with appellant, we reverse the judgment of the trial court and render judgment for appellant.

At the time of the alleged offense, appellant was on probation under an order of the court which provided:

[A]s an additional condition of probation [it is ordered] that said defendant be incarcerated in the Hunt County Jail for a period of ninety (90)…