Pitcock

Defendant was convicted by jury of an attempted escape from Deuel Vocational Institution, in violation of Penal Code section 2042. He was sentenced to the middle term of two years to be served consecutively to the prison term he was serving when he attempted to escape. The two-year sentence was based on the punishment prescribed by Penal Code section 18 for a violation of Penal Code section 2042. The consecutive application of the term was based on (1) the well-planned and sophisticated plan of escape as opposed to a spontaneous act, and (2) defendant’s very poor prior record of felony convictions.

On appeal, defendant contends the trial court erred prejudicially in (a) instructions; (b) requiring him to wear shackles in court; and (c) sentencing.

Facts

On November 23, 1980, defendant was a prisoner at Deuel Vocational Institution (DVI). He was incarcerated in East Hall cell 230. At the regular 10 p.m. security check, Correctional Officer Maldonado, discovered a “dummy” made of rags, hair and a cap under the sheet of defendant’s bed. He also noted the bars on the cell window were cut nearly through and the cuts concealed with a putty-like substance.

Maldonado entered…