People v. Benevides

Following a bench trial, defendant was convicted of escape from prison, MCL 750.193; MSA 28.390, and being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to five days in jail. He appeals as of right, and we reverse.

In April 1988, defendant pleaded guilty of operating a vehicle while under the influence of liquor, third offense, and was sentenced to two to five years’ imprisonment. In August 1989, he was transferred to the Pontiac Correctional Center, a residential work-release facility.

On September 19, 1989, defendant was placed on a tether program in…