People v. York

SCHOTTKY, J.

Charles Luther York was found guilty by a jury of violating section 4531 of the Penal Code which makes it a crime for a prisoner committed to a state prison to escape while at work away from a prison under custody of prison officers, officials or employees.

At the trial appellant was represented by counsel of his own choosing. The appellant made a motion that his counsel be dismissed two days after the jury brought in its verdict finding appellant guilty as charged. Counsel concurred in the request. Appellant then moved that new counsel be appointed by the court. The court ordered defense counsel relieved and instructed the appellant that he would have to obtain his own attorney. Appellant elected to proceed in propria persona. Appellant then waived a presentence report and the statutory time for sentencing. The court thereupon adjudged the appellant guilty of violation of section 4531 of the Penal Code as charged and sentenced him to state prison for the term prescribed by law.

Appellant filed a notice of appeal in propria persona and has filed a lengthy brief in which he urges a number of grounds for a reversal of the judgment. Before discussing appellant’s contentions, we shall give a brief summary of the evidence as shown by the record.

Appellant York arrived at the Magalia Conservation Camp,

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an honor camp of the state prison system, on December 21, 1961. He was indoctrinated and given a copy of the rules.

On January 2, 1962, York and 16 other inmates were assigned to perform work outside the camp boundaries under the supervision of a forestry work project foreman. York was seen to enter the truck which was used to transport the men to the work area. The foreman counted 17 inmates at the time the work crew arrived at the work area, again at the noon break, and again at 2 p. m. At quitting time only 16 inmates were present. The foreman made a search of the work area and blew the horn of the truck but York did not appear. Two correctional officers later made a search of the area. Later in the evening a further search was made but York could not be located. Two days later appellant was apprehended by a deputy sheriff. The deputy sheriff testified York offered him a bribe if he would let him go.