White

A jury convicted Watson White of prison escape by force or violence (Pen. Code, § 4532, subd. (b)). The court sentenced White to the upper term of six years in prison and enhanced the sentence one additional year for each of four prior felony convictions pursuant to section 667.5(b) for a total prison term of ten years. White appeals, contending the term “force or violence” should be construed as applying only to force or violence exerted against a person, not property, and the sentence enhancements were improperly imposed because his previous sentence had already been enhanced for the same prior convictions. He also asserts there is insufficient evidence to sustain the court’s imposition of enhancements for prior felony convictions in Missouri. Although we reject White’s first two arguments, we conclude there is merit to his claim the section 667.5(b) enhancement was improperly imposed for the 1974 Missouri conviction. We therefore modify the sentence by reducing it from 10 years to 9 years and as so modified affirm the judgment.

Factual and Procedural Background

White was in custody at the South Bay Detention Facility pending appeal of the sentence imposed on his…