Dietz v. State

George Stephen Dietz, the appellant, was indicted and convicted for escape in the first degree in violation of Alabama Code Section 13A-10-31 (1975). He was sentenced as an habitual offender to life imprisonment. Five issues are raised on appeal.

I

Dietz contends that because his original arrest was not lawful he was not in "lawful custody" and therefore the State failed to present a prima facie case of escape and his motion for a judgment of acquittal was due to be granted.

In 1978, Dietz was convicted on two charges of burglary. He was given a ten-year sentence and ordered to serve the first…