California Court of Appeal

Conviction of defendant for resisting an executive officer and other related offenses, arising from her arrest for resisting eviction from her residence following a foreclosure, her conviction for attempted escape by force or violence is reversed as the trial court prejudicially erred in instructing the jury that defendant could be convicted of attempted escape by force or violence under Penal Code section 4532 if it found that she attempted to escape from an officer's custody within the confines of the jail, because section 4532 does not apply to breaking away from the custody of an officer within the custodial facility.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

•  before this court.   Assuming defendant and the majority are correct that Penal Code section 4532, subdivision (b)(2), does not apply to a prisoner who merely intends to escape from the control of a custodial officer to go to some other part of a jail or other institution of confinement, and that the instruction on attempted escape included that improper theory, any error was completely harmless in the context of this trial.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Klapach & Klapach, Joseph S. Klapach, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robin L. Davis and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.