ERICKSON, Justice.
Frank Strock was convicted of escape from confinement at the Colorado State Penitentiary. Section 18-8-208(2), C.R.S. 1973 (now in 1978 Repl. Vol. 8). He appealed his conviction to the court of appeals and obtained a reversal and an order that he be granted a new trial. We granted certiorari to review the decision of court of appeals. People v. Strock, 42 Colo.App. 404,
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