Legal Opinion · Dissent

State v. Ammons

Washington Supreme Court

Decided September 24, 1998No. 65899-4Published

1DissentMadsen, J.

(dissenting) — A conviction of escape in the first degree requires that the escapee is “being detained pursuant to a conviction of a felony” at the time of the escape. RCW 9A.76.110(1). A person who has not yet reported to a work crew is not being detained. Accordingly, I would hold that the failure to report to a work crew is not escape in the first degree. Moreover, the plain reading of the statute serves legislative policy by distinguishing those cases where a person actually escapes from a work crew, and thereby deserves a harsh penalty, from cases where a person has not reported to a…

2Cases cited12 opinions

  1. State v. ChesterWashington Supreme Court · 1997
  2. State v. DanforthWashington Supreme Court · 1982
  3. United States v. Charles David KellerCourt of Appeals for the Ninth Circuit · 1990
  4. State v. PetersCourt of Appeals of Washington · 1983
  5. State v. PerencevicCourt of Appeals of Washington · 1989

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