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Commonwealth v. Waugaman

Superior Court of Pennsylvania

July 13, 2017

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
RICK ALAN WAUGAMAN, Appellant

         Appeal from the Judgment of Sentence November 30, 2016 In the Court of Common Pleas of Union County Criminal Division at No(s): CP-60-CR-0000296-2015

          BEFORE: OLSON, J., MOULTON, J., and FORD ELLIOTT, P.J.E.

          OPINION

          OLSON, J.

         Appellant, Rick Alan Waugaman, appeals from the judgment of sentence entered on November 30, 2016, following his jury trial conviction for escape, 18 Pa.C.S.A. § 5121. Upon review, we affirm.

         The trial court summarized the facts of this case as follows:

On September 12, 2015, [Appellant] was incarcerated in the Union County Prison. The [trial] court had granted him work-release status. Prison officials released [Appellant] from the work-release section of the prison to go to work on that date at approximately 3:00 a.m. [Appellant] did not go to work. Instead, [Appellant] went to his girlfriend's house. He then returned to the prison around 8:00 a.m. that same day. Later, prison authorities revoked [Appellant's] work-release status.

Trial Court Opinion, 2/17/2017, at 2 (unpaginated).

         Procedurally, the case proceeded as follows:

[The Commonwealth charged Appellant with escape based upon the same facts that supported his removal from work release status.] On October 6, 2016, a jury convicted [Appellant] of [e]scape[.] On November 30, 2016, [the trial] court sentenced [Appellant] [to] a period of incarceration in a state correctional facility [to] not less than one year nor more than four years. [Appellant] filed his [p]ost-[s]entence [m]otion on Monday[, ] December 12, 2016[.] [The trial] court denied [Appellant's] motion on that same day. [Appellant] filed his [n]otice of [a]ppeal on January 12, 2017. [The trial] court ordered [Appellant] to file a [s]tatement of [errors] [c]omplained of on [a]ppeal. In his [s]tatement filed on February 2, 2017, [Appellant] claimed [the trial] court erred when it denied his [pretrial motion].

Id. at 1-2 (unpaginated). The trial court issued an opinion pursuant to Pa.R.A.P. 1925(a) on February 17, 2017.

         On appeal, Appellant presents the following issues for our review:

1. Did error occur in [the] denial of Appellant's [o]mnibus [m]otion, specifically where [the] prosecution for [e]scape was improper as there was no showing that Appellant attempted to remove himself from official detention?
2. Did error occur in [the] denial of Appellant's [m]otion in [l]imine, as his behavior was addressed by removal of work release privileges, thus making prosecution ...

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