Public-domain · open source
OpenJurist

67 Mich. App. 481

241 N.W.2d 251

People v. Quintero

Michigan Court of Appeals

Decided February 26, 1976

Michigan Court of Appeals · decided 1976-02-26

Key passage — most relied on by later courts

“[A] prisoner need not cross any prison boundaries before he is subject to prosecution [for escape].” Id. at 483 . Nonetheless, the concurring judge stated there must be some indication that the prisoner”

quoted by 1 later decision, including 143 Wis. 2d 728 - State v. Sugden

Applies MI 750 § 750.193

Good law ✅— No negative treatment on recordhow we know

Decided 1976-02-26

How this case has been cited

Cited by 4 later decisions — most recently April 1990

4 state decisions

20197619801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Allen, J.

¶1(concurring in result). I am constrained to concur in the result reached in this case because I cannot accept the view of the majority that one may be convicted of the felony of prison escape simply by being "where he had no right to be without permission”. True, a prisoner need not cross any prison boundaries before he is subject to prosecution under MCLA 750.193; MSA 28.390.1 Nonetheless, there must be some indication that the prisoner had leaving on his mind. People v Noble, 18 Mich App 300, 303; 170 NW2d 916 (1969). It is my belief that the definition in People v Richards, 247 Mich 608; 226 NW 651 (1929), was never meant to cover entering an "off limits” area of the prison without permission.2 Moreover, if all the record in this case showed was that defendant entered an unauthorized area of the prison to consume alcohol and smoke marihuana, I would not vote to affirm his conviction. *484However, there is record evidence indicating that defendant intended to leave the confines of the prison.3 Thus, I am unable to say that the lower court’s finding of guilt is clearly erroneous.

¶2 "(1) Any person, being imprisoned in any prison of this state for any term, who shall break prison and escape, or break prison though no escape be actually made, or shall escape, or shall leave the prison without being discharged from the prison by due process of law, or shall attempt to break prison or escape therefrom, shall be guilty of a felony, punishable by further imprisonment for not more than 5 years, such term of further imprisonment to be served after the termination, pursuant to law, of any sentence or sentences then being served.”

¶3 When a prisoner traverses into areas that are off limits without permission this is known as "skating” in prison jargon. The record indicates that those guilty of skating are normally punished administratively by the prison authorities.

¶4 Two prison officers testified that defendant admitted his intention was to leave the prison and go to Mexico.

/67/michapp/481 · .json · Public domain