State v. Rue5/22/2001
Appeal from the District Court of Eddy County, Southeast Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
[ ] Duane Rue appeals his escape conviction. Rue argues, under the circumstances, the escape statute does not apply. Alternatively, Rue argues, if the statute does apply, his conduct constituted a misdemeanor rather than a felony. Concluding the escape statute applies to the circumstances, and concluding the record supports Rue's felony conviction, we affirm.
I.
[ ] In July 1998, Rue pled guilty to terrorizing, a class C felony. Rue was imprisoned for six months and thereafter was released subject to supervision of a probation officer. On March 3, 2000, alleging Rue had violated "one or more of the conditions" of his probation, a probation officer petitioned the district court to revoke Rue's probation. Specifically, the officer alleged Rue had absconded from supervision by failing to report to his probation officer as ordered by the court. On March 7, 2000, the district court issued an order to apprehend Rue for the alleged probation violation.
[ ] On July 6, 2000, in an attempt to apprehend Rue, the Eddy County Sheriff and two deputies went to the residence of Rue's father in Sheyenne, North Dakota. While the deputies waited nearby, the sheriff met with Rue, who sat in the front seat of the sheriff's car while the two conversed. After a few minutes of casual, unrelated conversation, the sheriff told Rue about the district court order of apprehension. Rue was provided a copy of the order, which he read. The sheriff told Rue that in order to resolve the matter, he would have to accompany officers to the law enforcement center in Devils Lake.
[ ] Rue got out of the car and began walking toward the house. The sheriff, who had advised Rue that he was under arrest, grabbed Rue in an attempt to keep him from leaving. Rue broke free from the sheriff's grasp and locked himself inside his father's house. Officers ultimately entered the house through a window and took Rue to jail.
[ ] Rue was charged with several offenses resulting from the incident. After a bench trial, Rue was acquitted of all charges except escape. Concluding Rue escaped from official detention, the district court found him guilty of escape. The district court also concluded Rue's official detention was "pursuant to conviction" of an offense and the escape was therefore a felony.
[ ] The district court had jurisdiction under N.D.C.C. § 27-05-06. This Court has jurisdiction under N.D. Const. art. VI, § 6, and N.D.C.C. § 29-28-06.
II.
[ ] Rue argues that at the time of the incident, he was not under "official detention" as required by North Dakota's escape provision, N.D.C.C. § 12.1-08-06. Alternatively, Rue argues his official detention was not "pursuant to" conviction of an offense and therefore, at most, his conduct was a misdemeanor.
[ ] The evidentiary standard used for review of a criminal bench trial is the same as if the case had been tried to a jury. State v. Nehring, 509 N.W.2d 42, 44 (N.D. 1993). In cases challenging a conviction, this Court does not weigh conflicting evidence or judge the credibility of witnesses, but rather looks only to the evidence and its reasonable inferences most favorable to the verdict to see whether substantial evidence exists to warrant the conviction. State v. Overby, 497 N.W.2d 408, 414 (N.D. 1993). Matters of law are fully reviewable. State v. DeCoteau, 1999 ND 77, 6, 592 N.W.2d 579.
[ ] The escape statute, N.D.C.C. § 12.1-08-06, provides:
1. A person is guilty of escape if, without lawful authority, the person
Page 1 2 3 4 5 6 7 North Dakota DUI Attorneys
DUI Lawyers
|