A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department of Health and Social Services or the Department of Correction.
Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with any other sentence.
Smith v. State, 361 A.2d 237 (Del. 1976). · cites it 2דMcNEILLY, Justice: Defendant appeals from his Superior Court conviction of escape (11 Del.C. § 1253). 1 based upon his failure to return from a 48-hour furlough to the Sussex Correctional Institution where he was serving a Superior Court sentence of imprisonment.”
Holmes v. State (Del. 2014). · cites it 3ד20 11 Del. C. § 1253. 21 11 Del. C. § 1251 (providing that a person is guilty of escape in third degree when person escapes from custody, including placement in nonsecure facilities by Division of Youth Rehabilitative Services); 11 Del.”
State of Delaware v. Holmes. (Del. Super. Ct. 2015). · cites it 3דThe State dismissed the charge of Escape in the Second Degree, and a grand jury re-indicted Holmes on a single count of Escape After Conviction under 11 Del. C. § 1253 on April 15, 2013. Prior to trial, Holmes filed a pro se Motion for Change of Venue because he had pending…”
Carlo v. State (Del. 2016). “2 11 Del. C. § 1253. 2. On April 5, 2015, Carlo was serving a sentence for Aggravated Menacing and Burglary Second Degree at the Plummer Center, a Level IV Work Release facility.”
Perry v. State (Del. 2019). “(5) On appeal, Perry argues that the Superior Court’s finding of a violation of probation should be reversed and the sentence discharged because, on October 12, 2018, four days after the violation of probation hearing, the pending escape 1 11 Del. C. § 1253 (codifying the…”
Williams, State (Del. 2021). “9803018202A and 9803018202B unless the filing is accompanied by the required filing fee or is accompanied by a complete motion to proceed in form pauperis with a sworn affidavit containing the certifications 4 See 11 Del. C. § 1253 (providing that escape after conviction is a…”
Velazquez v. State (Del. 2015). “The court also denied the motion to “proscribe habitual offender adjudication as a due process 1 See 11 Del. C. § 1253 (codifying the offense “Escape after conviction; class B felony; class C felony; class D felony”).”
State of Delaware v. Velazquez. (Del. Super. Ct. 2015). “MANNING, Commissioner This 1st day of July, 2015, upon consideration of defendant Angel Velazquez’s Motion for Postconviction Relief, the Court finds the following: FACTS AND PROCEDURAL HISTORY Velazquez was convicted of the sole count of the indictment, Escape After Conviction,…”
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