Reynolds
People v. Reynolds
Opinion
Opinion
Low, J.
Defendant Tracy Lee Reynolds appeals from a judgment entered after a jury found him guilty of attempted escape (Pen. Code, § 4532, subd. (b)). Defendant contends that the trial court violated his right to due process by striking his testimony. We affirm.
It was stipulated that defendant was in lawful custody for a felony. Contra Costa County Sheriff’s Deputy Patrick Coyne testified that at approximately 5:30 a.m. on July 20, 1982, while conducting a routine roof check of the Martinez County Jail, he saw a pile of sheets on the ground between the west side of C module and an eight-foot wall facing the street. He went to the area and found what appeared to be seven or eight sheets torn in half and tied together, but did not count the sheets. He also found a vacuum cleaner head, rubber window molding, two chrome strips which had been welded to metal chairs in the module, and “little chips from the window.”
Contra Costa County Sheriff’s Deputy Darrell Olsen testified that shortly after 5:30 a.m. on July 20, 1982, he was asked to check the upper level rooms on the west side of C module. In room 35, which was assigned to defendant, he found that the glass had been removed…