Carnegie v. State

WENTWORTH, Judge.

Appellant seeks review of a judgment of conviction and sentence for the offense of escape. Appellant was sentenced to a 30-year term of imprisonment as an habitual violent felony offender. We find that sentencing errors require that this sentence be vacated, and the cause must be remanded for resentencing.

Appellant’s conviction for escape was predicated upon his failure to return to a correctional facility until the day following the expiration of a 12-hour furlough. Appellant sought to present evidence that while on furlough he argued with his girlfriend, suggesting that…