People v. Temple

SALSMAN, J.

The defendant was charged with a violation of Penal Code section 4530, escape from a state prison; he was convicted by a jury and appeals from the judgment.

Defendant was originally committed to the Youth Authority by the Superior Court of Marin County for armed robbery. He was later transferred by the Youth Authority to the North Facility of the Correctional Training Facility at Soledad, where the offense here involved took place.

On April 21, 1961, defendant was restricted to a security area in the North Facility which was surrounded by a security fence some 12 to 15 feet in height. For several weeks previous to April 21, 1961, defendant and several other inmates had planned an escape. About 6 :30 p. m. on that day defendant and several other inmates proceeded to the patio located in the security area. They loitered in this vicinity for about an hour. Just after 7:30 p. m., which was the time the inmates were supposed to move from the yard area to the housing units, one of the prisoners said, “Let’s go!” and defendant and several others began climbing the security fence.

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Defendant climbed the fence and ran through the field beyond it. The guards turned on the spotlights and began shooting. Defendant fell to the ground and remained there until he was apprehended by the guards. The point at which he was apprehended was in the field beyond the security fence, but he had not yet reached the northern boundary of the prison property. Defendant declared that when he went over the security fence his intention was to get away from the prison and risk going home even though he might be caught.

After defendant had sealed the fence and was in the field he claimed that he changed his mind about escaping. Defendant admitted, however, that the shots fired by the guards was one of the reasons why he changed his mind.

The defendant first contends that as an inmate committed to the Youth Authority and transferred by the Youth Authority to a state prison pursuant to section 1755.5 of the Welfare and Institutions Code he is chargeable only with the misdemeanor offense of escape pursuant to Welfare and Institutions Code section 1768.7, and may not be charged and convicted of the felony offense of escape pursuant to Penal Code section 4530. The defendant also complains of a claimed error by the court in an instruction to the jury, embodying the “limits of custody” rule as set out in