Davis

Defendant Richard Davis appeals from a judgment of conviction after a jury found him guilty of escape by force or violence, in violation of section 4532, subdivision (b), of the Penal Code (hereafter section 4532(b).)

Prior to April 1, 1980, John Stafford, a Deputy United States Marshal for the Northern District of California, was assigned to locate defendant, who had escaped from Terminal Island, a federal prison, sometime in February 1980, following his conviction for various offenses. Deputy Stafford distributed wanted posters of defendant to, among others, the San Francisco Sheriff’s Department. On April 1, 1980, acting on a call from a San Francisco deputy sheriff, Deputy Stafford located defendant on a bench on the sixth floor of the San Francisco County Jail. At that time, Deputy Stafford placed defendant in federal custody, took him to the seventh floor of the county jail, and had him booked as a federal prisoner on charges of escape from a federal prison. The sheriff’s department received a “remand slip” from the United States Marshal, authorizing it to hold defendant. Defendant was kept in the county jail pursuant to a contract with federal authorities because…