Blackwood

Rhulin Lee Blackwood, Jr., appeals from a judgment of conviction after a jury found him guilty of attempted escape from state prison. (Pen. Code, § 4530, subd. (b).) We affirm.

Facts

The Prosecution’s Case

In January of 1981, appellant was confined in the Central Facility of the Correctional Training Facility at Soledad. Inmates housed in the Central Facility are not allowed beyond the fence which encloses it.

On January 29, Samuel McCrea, a civilian culinary supervisor at Central Facility, was assigned to work on the culinary back dock and shipping and receiving. Appellant was assigned to assist him.

During the morning appellant and McCrea loaded a food truck with meat, bread and vegetables. The bread is loaded in a large, movable box or bin, with a lid, which is large enough to hold a man.

At 1:30 p.m., McCrea released appellant so that he could return to his wing for a close custody count. At that time appellant was no longer in the back dock, but was in the culinary section. Thereafter, McCrea loaded the bread bin into the truck.

Donald Cortelyou was the driver of the South Facility truck. According to his preliminary hearing testimony, which was read to the…