In Re Sims

The primary issue presented in this petition is whether a state prison inmate convicted of escaping from prison without force or violence, in violation of Penal Code section 4530, subdivision (b), is required to be incarcerated for one-third of the middle term for the escape or for the full term for which he was sentenced.

Petitioner was convicted of first degree robbery in Fresno in 1974, then sentenced to state prison for the term prescribed by law. He was subsequently paroled in 1977. While on parole, he committed two more robberies for which he was sentenced to state prison, the two terms to run concurrently. On July 24, 1978, during his imprisonment on the 1977 robbery convictions, petitioner escaped from the Knocti Conservation Camp without force and violence. He was subsequently convicted of violation of Penal Code section 4530, subdivision (b), with the prior 1974 robbery conviction charged and proven. He was sentenced to the middle term of two years for the escape and a one-year prior prison term enhancement for the 1974 robbery.

Subsequently, on April 3, 1979, petitioner’s confinement under Penal Code section 1170.2, subdivision (a), was fixed at six years. He…