Ivie v. State

OPINION

COATS, Chief Judge.

Hakim Ivie was indicted for escape in the second degree for walking away from a halfway house. To convict Ivie of that offense, the State had to prove that he removed himself from a correctional facility while he was under “official detention.”

Ivie moved to dismiss the indictment, claiming that he was not under official detention at the halfway house because the superi- or court had ordered him released on bail. Therefore, he argued, he did not commit the crime of escape, but rather violated his conditions of release.

The superior court denied Ivie’s motion to…