WEST PALM BEACH, Fla. (AP) -- A man who escaped from prison and was captured after 10 years on the lam is asking to be released immediately.
His rationale? His original sentence would have been up by now."This petition may take the prize for chutzpah," 4th District Court of Appeal Judge Gary M. Farmer wrote in a recent opinion.
Timothy Marshall's request was -- not surprisingly -- denied.
Marshall, 39, was convicted in 1985 of trafficking cocaine and was sentenced to 15 years. Two years later, he escaped and remained at large until 1997, when he was put back behind bars.
Now he wants out.
"His specific complaint is that the state is wrongfully refusing to give him credit for the nine years, four months that he remained at large!" Farmer wrote.
"If, as the poet said, 'stone walls do not a prison make,' it is also true that 9 1/3 years outside on the lam do not a sentence make."
On a legal note, the court said Marshall showed no requirement to give an escapee "credit" for time spent outside prison walls.
Marshall, who represented himself, could not be reached for comment. He's behind bars at South Bay Correctional Institution.