Ex Parte McReynolds

The majority holds that the evidence in this case was insufficient to prove that the defendant was "in custody," and it reverses the defendant's conviction for escape from custody. In reversing the defendant's conviction, the majority distinguishes Sanders v. State, 512 So.2d 809 (Ala.Crim.App. 1987), where the Court of Criminal Appeals said that "[a]n individual is in custody even though he is lawfully physically restrained for the briefest period of time," and it questions the validity of the holding in Scott v. State, 624 So.2d 230 (Ala.Crim.App. 1993), where the Court of Criminal Appeals,…