State v. Shanks

LANSING, Chief Judge.

This is an appeal from the dismissal of a charge for escape. The State argues that the district court erred by holding that Idaho’s escape statute did not apply to the defendant, who had been arrested on a felony warrant but had not yet entered a jail or prison. We affirm.

BACKGROUND

In the early morning hours of January 13, 2002, two Bonner County Sheriffs deputies arrested Shawn Shanks at his girlfriend’s residence on a misdemeanor warrant and a felony warrant. The deputies informed Shanks that he was under arrest, handcuffed him, and placed him in the backseat of a…