Galliher

Defendant appeals from a judgment entered after a jury found him guilty of escape without force or violence. (Pen. Code, § 4530, subd. (b).) He was sentenced to the middle term of two years, to be served consecutive to the robbery sentence which he was serving at the time of his escape. On appeal, he asserts (1) the trial court abused its discretion in denying his motion for a mistrial, and (2) that he should have been sentenced to only one-third of the two-year middle term for the escape conviction. We will affirm the judgment for the reasons herein stated.

I

The prosecutorial misconduct asserted as the basis for the mistrial is the alleged breach of an agreement by the prosecutor that he would not interview any of the defense witnesses prior to trial.

The record discloses defendant entered a not guilty plea at time of arraignment and a trial date was set for July 25, 1979. On July 16, 1979, counsel for defendant, Dan O’Neill moved for a continuance of the trial date, apparently on the ground of difficulty in locating prospective witnesses for the defense.

O’Neill and the deputy district attorney then in charge of the case, Mr. Nakahara, entered into a stipulation…