Ex Parte Behel

The opinion of the Court of Criminal Appeals states that while Behel was "serving a forty-year sentence for a first degree burglary conviction, [he] escaped from the Lauderdale County Jail."

Behel did not request that the Court of Criminal Appeals make additional findings of fact as prescribed by Rule 39 (k), ARAP.

Behel does not claim that he was not a convict, nor that he was not guilty of an escape. His contention is contained in his brief filed here, wherein he states:

It is the contention of Appellant that the facts indicate that he did not escape from the penitentiary but from the…