Dominquez v. State

Defendant appeals his conviction and sentence for escape. Defendant asserts error based upon Fouts v. State, 374 So.2d 22 (Fla.2d DCA 1979), because the jury learned of the underlying crime for which defendant was incarcerated at the time of his escape. There was never any question that defendant did in fact escape. He took the stand and admitted doing so. The defense was that defendant was desperate to see his wife and children. During the defendant’s testimony, there was confusion about the number of crimes for which defendant had been sentenced. In any event, defendant testified he had…