Delfrate v. State

OPINION

BUSSEY, Judge:

The appellant, John Stephen Delfrate, was convicted of the crime of Escape While Awaiting Trial, After Former Conviction of Two or More Felonies in the District Court of Creek County, Case No. CRF-83-282 and was sentenced to twenty (20) years imprisonment, and he appeals. We reverse and remand for resentencing.

Briefly stated the facts are that on September 28, 1983, while awaiting trial on two (2) felony counts of armed robbery, appellant escaped from the Creek County Jail.

For his initial assignment of error appellant asserts that he should have been tried for the…