State v. Moore ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
MARCH 1997 SESSION April 29, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. NO. 03C01-9604-CC-00163
Appellee, )
) CARTER COUNTY
VS. )
) HON. ARDEN L. HILL,
BILLY RAY MOORE, ) JUDGE
)
Appellant. ) (Certified question)
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID BAUTISTA CHARLES W. BURSON
Public Defender Attorney General & Reporter
ROBERT Y. OAKS ELIZABETH T. RYAN
Asst. Public Defender Asst. Attorney General
Main Courthouse 450 James Robertson Pkwy.
Elizabethton, TN 37643 Nashville, TN 37243-0493
RANDALL E. REAGAN DAVID CROCKETT
Contract Appellate Defender District Attorney General
602 Gay. St., Ste. 905
Knoxville, TN 37902 KENNETH C. BALDWIN
Asst. District Attorney General
900 E. Elk Ave.
Elizabethton, TN 37643
OPINION FILED:____________________
AFFIRMED
JOHN H. PEAY,
Judge
OPINION
The defendant pled guilty to felony escape and was sentenced to two years,
consecutive to his current sentence. The parties stipulated that the defendant had been
“ 577
S.W.2d 681, 682 (Tenn. Crim. App. 1978) (“administrative disciplinary action by prison
authorities does not preclude prosecution for escape on principles of double jeopardy”).
See also United States v. Galan, 82 F.3d 639, 640 (5th Cir. 1996) (federal double
jeopardy principles did not protect defendant from prosecution for conspiracy to escape
after he had been “punished” in prison by being held in segregation, transferred to a
higher level security facility, and losing good-time credit).
Accordingly, the judgment below is affirmed.
______________________________
JOHN H. PEAY, Judge
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CONCUR:
______________________________
PAUL G. SUMMERS, Judge
______________________________
CORNELIA A. CLARK, Judge
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