C.S. v. State

C.S. appeals his adjudication as delinquent for escape, challenging the trial court’s conclusion that the escape statute, section 39.-061, Florida Statutes (Supp.1990), was constitutional. We reverse.

The First District, the first appellate court to address the constitutionality of that version of the escape statute, held that the statute was unconstitutional. D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992). This court followed D.P. in State v. Brower, 608 So.2d 536 (Fla. 2d DCA 1992). The Fourth District also concluded that the escape statute was unconstitutional. See State v. Davis, 619…