Martin v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Martin of one count of second degree escape and one count of being a first degree persistent felony offender. He was sentenced to a total of twenty years in the penitentiary.

The sole issue is whether a directed verdict of acquittal should have been granted on the first degree persistent felony offender charge.

*233Martin was being held at the Allen County Detention Center pursuant to a fourth degree assault charge, along with other outstanding warrants. Sometime during the night of October 2,1996, Martin…