Dyal v. State

MILLS, Chief Judge.

Dyal appeals from his conviction for escape on the ground that he was not a state, county, or municipal prisoner as defined by Section 944.40, Florida Statutes (1977), at the time of his escape. We affirm.

Dyal was serving a sentence in Lake Correctional Institution under the custody of the State of Florida when federal authorities filed a writ of habeas corpus ad testifi-candum commanding his appearance as a witness in a trial in Jacksonville. Pursuant to that writ the United States Marshal took Dyal from Lake County and, based on an agreement, placed him in the Nassau…