Williams v. State

I agree with the logic of the dissent in this case, but I am bound by the rules set down in Florida cases which have construed the “escape” statute.1 In the context of pre-conviction and post-conviction escapes, the Florida appellate courts have required proof of something more than mere custody. For prisoners escaping after conviction, it is necessary to prove the prisoner had been convicted of a crime.2 For persons escaping before trial, it is necessary to prove they were in the “lawful custody” of the police officers — which means proof of facts and circumstances to show the arrest was…