District Court of Appeal of Florida November 13, 1985, No. BA-386 (Ramadanovic v. State)

SHIVERS, Judge.

Michael M. Ramadanovic and Frank W. Pehringer appeal their conviction, after a jury trial, of the offense of attempted escape from lawful confinement in violation of section 944.40, Florida Statutes.

At issue is whether the jury was properly instructed on the charge of escape from lawful confinement. We reverse and remand for a new trial.