Brown v. State

OPINION

BROWN, Judge.

Jesus Brown appeals his conviction for escape as a class D felony.1 Brown raises one issue, which we restate as whether the trial court committed fundamental error in failing to instruct the jury about the offense of unauthorized absence from home detention. We affirm.

The relevant facts follow. On March 5, 2007, Brown, having been convicted of possession of cocaine as a class D felony, was sentenced to 545 days executed on home detention. On September 13, 2007, at around 3:40 p.m. Marion County Sheriffs Deputy Brian Kotarski was approaching Brown’s residence to serve a…