Baker v. State

Court of Criminal Appeals of Oklahoma

Baker v. State

1982 OK CR 46, 644 P.2d 110, 1982 Okla. Crim. App. LEXIS 250

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 19, 1982

DocketNo. F-81-598

StatusPublished

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Bluebook

Baker v. State, 1982 OK CR 46, 644 P.2d 110, 1982 Okla. Crim. App. LEXIS 250 (Okla. Ct. App. 1982).

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Opinion

MEMORANDUM OPINION

BUSSEY, Judge:

While serving a life sentence in the state penitentiary in McAlester, the defendant escaped from the Seminole County Jail, where he had been temporarily transferred pursuant to a writ of habeas corpus ad prosequendum. He was convicted of Escape from a Penal Institution, in violation of Laws 1976, ch. 175, § 1, now 21 O.S. Supp.1980, § 443, in Seminole County District Court, Case No. CRF-80-191, and from a sentence of two (2) years’ imprisonment, he has appealed.

As his sole assignment of error, the appellant argues that he should have been charged under 57 O.S.1971, § 56, Breaking Jail, and that he was thus improperly charged and convicted. This argument must fail. One remains an inmate of a state penal institution, albeit constructively, when he is temporarily absent therefrom, such as in the case before us. Boone v. State, 642 P.2d 270 (Okl.Cr.1982); Goodson v. State, 562 P.2d 521 (Okl.Cr.1977); McCoy v. State, 536 P.2d 1309 (Okl.Cr.1975). The appellant was properly charged.

Accordingly, the judgment and sentence appealed from is AFFIRMED,

BRETT, P. J., and CORNISH, J., concur.

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MEMORANDUM OPINION

BUSSEY, Judge:

While serving a life sentence in the state penitentiary in McAlester, the defendant escaped from the Seminole County Jail, where he had been temporarily transferred pursuant to a writ of habeas corpus ad prosequendum. He was convicted of Escape from a Penal Institution, in violation of Laws 1976, ch. 175, § 1, now 21 O.S. Supp.1980, § 443, in Seminole County District Court, Case No. CRF-80-191, and from a sentence of two (2) years’ imprisonment, he has appealed.

As his sole assignment of error, the appellant argues that he should have been charged under 57 O.S.1971, § 56, Breaking Jail, and that he was thus improperly charged and convicted. This argument must fail. One remains an inmate of a state penal institution, albeit constructively, when he is temporarily absent therefrom, such as in the case before us. Boone v. State, 642 P.2d 270 (Okl.Cr.1982); Goodson v. State, 562 P.2d 521 (Okl.Cr.1977); McCoy v. State, 536 P.2d 1309 (Okl.Cr.1975). The appellant was properly charged.

Accordingly, the judgment and sentence appealed from is AFFIRMED,

BRETT, P. J., and CORNISH, J., concur.

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Bluebook (online)

1982 OK CR 46, 644 P.2d 110, 1982 Okla. Crim. App. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-oklacrimapp-1982.

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