Saturday, August 17, 2013

Colorado Court of Appeals People v. Johnson 11CA2366

Decision here.

   Charles Ray Johnson escaped from prison in 1975, after being convicted of second degree murder.  He was apparently arrested in 1990 in California for public intoxication, but that went nowhere.  Other than that, he evaded capture until 2007.

   He was convicted of escape, and appealed his conviction.  He argued that the statute of limitations had expired (since his escape was completed over 30 years ago).  The Colorado Court of Appeals ruled that escape is a continuing offense, and that as long as an escaped prisoner has not yet been returned to custody in Colorado, he is still committing the crime of escape.  Accordingly, the statute of limitations didn't start until Johnson was caught in 2007, and his conviction stands.

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