Harrell v. State

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of escape. Punishment was assessed at ten years’ confinement, probated.

The evidence presented at trial showed that on June 8, 1982, the wheelchair-bound appellant was jailed in the Kerr County jail after being indicted for three felony thefts. During appellant’s incarceration, it was determined that unless he was immediately hospitalized, his numerous medical problems might result in his death. Because appellant was a veteran and, due to his physical condition was thought not to be an escape risk, he…