Hayes

Defendant John Hayes was found guilty by a jury of escape from Correctional Training Facility at Soledad, a state prison, in violation of Penal Code section 4530, subdivision (b). His appeal is from the judgment under which he was again sentenced to state prison.

The verdict is supported by substantial evidence. (See People v. Mosher, 1 Cal.3d 379, 395 [ 82 Cal.Rptr. 379 , 461 P.2d 659 ].) On the witness stand Hayes admitted that he was “on the break.” He testified that another convict, ostensibly driving a truck to the prison garbage dump, but actually planning an escape, said to him when the prison guard turned his back, “You want to come, let’s get out of here.” Hayes then testified, “ I remember getting onto the truck, and took off.” He and the truck driver were later apprehended in Sacramento, several hundred miles away. Before the trial he had admitted that his escape was prearranged with the truck driver.

Hayes’ principal contention is that the crime of escape (Pen. Code, § 4530, subd. (b)) consists of something more than “ ‘the unlawful departure of a-prisoner from the limits of his custody’ ” as defined in People v. Quijada, 53 Cal.App. 39, 41 [ 199 P. 854 ],…