People v. Rogers

Defendant was convicted of escape under Electronic Home Detention Law, for failure to appear at county sheriff's day reporting center. Court erred in instructing jury that a failure to appear at day reporting program constituted escape under Electronic Home Detention Law. Court should have instructed jury on a contested issue which was a question of fact for jury: whether day reporting program was condition of electronic monitoring program and whether Defendant violated that condition. As State presented insufficient evidence for conviction at trial, double jeopardy bars retrial. (HARRIS, concurring; QUINN, dissenting.)