State v. McKaughen

The question presented is whether a sentence for the crime of escape may be made consecutive not only to the sentence(s) being served when the escape occurred but also to another sentence imposed for a separate crime committed by the escapee while he was at large. Based upon the language of Idaho’s escape statute, we hold that the escape sentence must begin upon discharge from the sentence(s) being served when the escape occurred.

The question is framed by the following facts. Michael McKaughen escaped from custody in Idaho while serving a thirteen-year prison sentence for robbery. 1 Making…