STATE OF FLORIDA v. JOSEPH RICHARD VANCE (2017)

District Court of Appeal of Florida, Fifth District.

STATE OF FLORIDA, Appellant, v. JOSEPH RICHARD VANCE, Appellee.

Case No. 5D16-503

Decided: May 12, 2017

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.

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 (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.

PER CURIAM.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network