People v. Garmon

PEEK, J.

Defendant appeals from a judgment of conviction following a verdict of the jury finding him guilty of a violation of section 4531 of the Penal Code, in that while a prisoner lawfully committed to a state prison forestry camp he escaped.

The facts, which are undisputed, show that on March 5, 1959, defendant escaped from a state prison camp in Butte County. On March 15 he was arrested in Salinas by sheriff’s officers of Monterey County. A complaint had previously been filed in Butte County on March 13 and a warrant for his arrest issued out of the Paradise Judicial District charging him with escape. However when he was apprehended it was because a sheriff’s officer had become suspicious of defendant ’s actions while attempting to cash a check in a Salinas market. He readily admitted to the officer that he was an escapee from a state prison honor camp. Defendant was not taken before a magistrate but was turned over to correctional officers attached to Folsom Prison, and by them returned to that institution. On March 21 he was given a disciplinary hearing at the prison upon the charge that he had violated prison rules in escaping from the camp. As a result of that hearing he was ordered to serve 29 days in isolation. On April 10, after having served 19 days, he was taken before a magistrate in Butte County and the date for his arraignment set for April 17. On that date defendant waived his right to counsel and entered a plea of not guilty. The cause was set for trial on May 7, and on that date defendant moved to dismiss the information on the ground that he had been denied a speedy trial and was not brought before a magistrate within a reasonable time after his arrest; and that he was twice placed in jeopardy for the same offense. His motion was denied and the case proceeded to trial. During the course thereof he readily admitted the charge against him, stating, “I've never denied the fact that I escaped . . . I admit that.” Like contentions are now made on appeal.

Defendant’s argument in support of his first contention appears to be that the authorities failed to comply with sections 821, 825, 828 and 850 of the Penal Code. In this he has completely misconceived his position. Sections 821, 825 and 828 concern the procedures to be followed in the taking of an

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arrested person before a magistrate, while section 850 relates to telegraphic warrants. None of these sections are applicable to defendant or to the situation in which he has placed himself. The record shows without conflict that from the 5th of March, the day of his escape, to the 15th of March, the day he was apprehended, and until April 13 when he was brought before a magistrate and arraigned on the charge of escape, defendant was an inmate of the Folsom State Prison serving a term of imprisonment pursuant to a legal commitment. As such his rights were governed by section 1381 of the Penal Code and not the sections upon which he has placed reliance. Under the provisions of that section a person serving a prison term and who is charged with a subsequent offense, may give written notice to the district attorney of his desire to be brought to trial, and that official must do so within 90 days. In the event the matter is not so brought to trial, the court in which the action is pending must dismiss the charge.