Misdemeanor defendant sentenced to weekend jail service for several weeks (specific days and times ordered) and then he fails to show. Is this a separate offense? Looking at PC 38.113 Unauthorized Absence from CCF or CCC - if this amounts to "correctional programming" under the statute. Or, is FTA under 38.10 the proper charge? Seems odd that failing to report to a community service assignment can be a felony offense, but failing to show for jail sentence is not? Ideas on what I am missing?
If not on community supervision, the charge would be escape under PC Sec. 38.06 using the definition of custody under PC Sec. 38.01(1).
The information would read as follows:
then and there, while in custody by being under restraint by a public servant pursuant to the lawful order of a Texas court that imposed a jail sentence on the defendant, intentionally or knowingly escape by failing to report to the Colorado County jail to serve the jail sentence.
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