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Commonwealth v. Wegley

Defendant was subject to escape charge after violating terms of intermediate punishment by leaving residence and cutting electronic monitoring device from leg.

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�1 The Commonwealth appeals from a pre-trial order which dismissed the charge of escape filed against appellee when he violated the terms of his intermediate punishment by leaving his residence and cutting an electronic monitoring device from his leg. The issue presented is whether appellee was subject to official detention, within the terms of the escape statute, 18 Pa.C.S.A. �5121, at the time of his alleged actions. We conclude that the conditions to which appellee was subject, i.e., house arrest and electronic monitoring, constitute official detention within the meaning of the offense of escape. We, therefore, reverse the order dismissing the charge.

�2 As related in the lower court’s opinion, the factual background is as follows:

On June 10, 1999, Defendant entered pleas of guilty to Forgery in CC-257-99 and CC-457-99. In each case, he was sentenced to 24 months of intermediate punishment (IPP) with at least 9 months in Phase II (house arrest- electronic monitoring).

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