State v. Joseph R. Vance

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

STATE OF FLORIDA,

Appellant, v. Case No. 5D16-503

JOSEPH RICHARD VANCE,

Appellee. ________________________________/

Opinion filed May 12, 2017

Appeal from the Circuit Court for Orange County, Heather L. Higbee, Judge.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Robert E. Wildridge and Jacqueline Rae Luker, Assistant Public Defenders, Daytona Beach, for Appellee.

PER CURIAM.

We reverse the order dismissing the information and remand this cause for further proceedings. See Poillot v. State, 200 So. 3d 743 (Fla. 2016) (holding that participation in Work Release Program is still confinement such that deviation from Work Release Program established prima facie case of escape under section 944.40, Florida Statutes *2 (2014)); Early v. State, 678 So. 2d 901 (Fla. 5th DCA 1996) (holding that defendant’s failure to return to Work Release Facility as ordered constituted escape under section 944.40, Florida Statutes (1995)). Appellee’s alternative argument that his confinement was “invalid” was not preserved for review by this court.

REVERSED AND REMANDED.

TORPY and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, concur.