Commonwealth v. Janis

JOHNSON, Judge:

Michael Janis appeals from the judgment of sentence entered upon his open plea of guilty to the charge of escape. He contends that the sentencing court improperly graded the severity of the offense as a felony of the third degree, rather than as a misdemeanor of the second degree, pursuant to 18 Pa.C.S. § 5121(d). We find that the factual circumstances in existence at the time Janis removed himself from official detention do not satisfy the statutory requirements for the felony conviction. Accordingly, we vacate the judgment of sentence and remand for resentencing on the escape…