Capps v. State

Dennis Capps, the appellant, was convicted of escape in the first degree and was sentenced to 50 years' imprisonment as a habitual felony offender. He raises four issues on this appeal from that conviction.

I

The appellant alleges that the indictment was void because (1) it charged escape and attempted escape — two separate offenses — in the same count, and (2) it identified the underlying conviction for which the appellant was in custody merely as burglary in the third degree without any identification of which particular burglary conviction was involved.

The indictment charged that the…