Crumity v. State

The defendant appeals his conviction and sentence for escape in violation of section 944.40, Florida Statutes (2003). He argues the court erred in denying his motion for judgment of acquittal because the State failed to prove the crime of escape alleged in the Information. We agree and reverse his conviction and sentence.

Section 944.40, Florida Statutes (2003), under which the State charged the defendant, provides that “[a]ny prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution ... or being transported to or from a place of confinement…