Jones v. State

I concur only in the result reached by the majority affirming this case.

I

The court should not gratuitously make the determination that the defendant’s conduct constituted escape in the first degree rather than escape in the second degree because this issue was not raised in the trial court.

There was no motion to dismiss the indictment. The motion for judgment of acquittal made at the close of the State’s case only raised the single ground of double jeopardy. It did not allege that the State had failed to present a prima facie case. “To preserve the issue for appeal, it is necessary for…