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Juhan v. State

The evidence supported the defendant's conviction for felony escape after he left the work release program and failed to return.

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Following a bench trial, Derrick James Juhan was convicted of felony escape.1 He appeals the denial of his motion for new trial, arguing that the evidence was insufficient to support the crime as alleged in the indictment. For the reasons that follow, we affirm.

Construed in favor of the verdict,2 the record shows that in January 2004, Juhan was convicted of financial transaction card theft and of entering an automobile with intent to commit theft, and he was sentenced to serve seven years on probation. In October 2007, he was sentenced to a work release program for a period of 18 months for violating his probation by committing the new offenses of felony theft by taking, entering an automobile, and simple battery. In December 2007, Juhan was convicted of the theft by taking charge and sentenced to a total of five years, with six months to be served in a prison work camp and the remainder on probation, provided that he followed the terms and conditions of his probation, including not “violating the criminal laws of any governmental unit.” While he served his sentence on work release, Juhan was also under sentence for two separate convictions.

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