Cisneros

Appellant, Robbie Joseph Cisneros, was convicted by a jury of violating Penal Code section 4532, subdivision (b) (escape by a convicted felon with force or violence), on July 31, 1984. He was sentenced to state prison for the midterm of four years. Appellant seeks reversal of the conviction on the grounds that (1) he did not violate section 4532, (2) the court gave an improper jury instruction, and (3) he was denied effective assistance of counsel.

I. Background of Case

On April 10, 1984, Marin County Superior Court issued a no bail bench warrant for appellant’s arrest for violation of probation (appellant had been placed on probation following conviction of burglary). On April 24, 1984, Detective Doug Hearn recognized appellant at the Richmond Courthouse and knew that a no bail warrant had been issued for his arrest. He telephoned the San Pablo Police Department and received confirmation that the warrant was still outstanding before contacting the courthouse marshall’s office to request appellant’s arrest.

Deputy David Odegard arrested appellant, placed him in a holding area for several minutes and then transferred him to the booking area. While Deputy Odegard was in…