Cox

A jury found defendant guilty of escape without force, and to be true four prior felony convictions (burglary, receiving stolen property, grand theft, escape); and that he was sane at the time of the commission of the offense. He appeals from the judgment. The sole issue is whether the trial court erred in failing to hold a hearing as to defendant’s mental competence, pursuant to section 1368, Penal Code.

The evidence offered on the guilt phase established defendant as an accomplished escape artist. Defendant was transferred from his cell at county jail to county hospital. Officer Kruchi remained'-outside and guarded the door of defendant’s room; in the evening of January 30, 1977, he saw defendant in bed wearing a neck brace and bound with leg irons attached around the bed; to open the leg irons it was necessary to turn the lock on both ankles; he last checked on defendant at 3:30 a.m. on January 31; around 4 a.m. he entered the room and defendant was gone; the cuffs were still on the bed with the neck brace; a screen had been removed and the window was open; the only way defendant could have gotten out of the room was through the window because the door of the room was…