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218 So. 3d 499

State v. Vance

District Court of Appeal of Florida · decided 2017-05-12

Relies on 678 So. 2d 901 - Early v. State · 200 So. 3d 743 - Claudio J. Poillot v. State of Florida

Decided 2017-05-12

PER CURIAM.

¶1We 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.

¶2REVERSED AND REMANDED.

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