Munn v. State

While a participant in the Department of Corrections supervised community release program, the appellant left his approved residence, his mother’s house. For this behavior, he was charged with and convicted of escape, in violation of section 944.40, Florida Statutes (1987). The appellant correctly contends that since he was not in confinement, he should not have been charged with escape.

The escape statute states:

Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county or municipal, working upon the public roads, or being transported to or from a place of…