Perez

A jury found defendant Manuel Perez guilty of a violation of Penal Code section 4530, subdivision (c), (escape—failure to return upon expiration of temporary release). His motion for a new trial was denied. He was sentenced to state prison with sentence to be served concurrently with any prior uncompleted sentence. His notices of appeal from the judgment, sentence, and denial of the new trial motion are construed as an appeal from the judgment of conviction. (Pen. Code, § 1237, subd. 1; People v. Spencer (1969) 71 Cal.2d 933, 934-935, fn. 1 [ 80 Cal.Rptr. 99 , 458 P.2d 43 ]; People v. Garcia (1967) 67 Cal.2d 830, 832, fn. 1 [ 64 Cal.Rptr. 110 , 434 P.2d 366 ].)

Following his conviction in a municipal court for a violation of Health and Safety Code section 11721, defendant was committed as a narcotic addict in 1967 by the Superior Court of Los Angeles County (Welf. & Inst. Code, § 3050). After several unsuccessful releases on outpatient status, he was received at the California Men’s Colony-East (the Colony) in 1970. (See In re Cruz (1965) 62 Cal.2d 307, 313-315 [ 42 Cal.Rptr. 220 , 398 P.2d 412 ].)

He was “granted a 72 hour temporary release for the purpose of: seeking…