George

Richard M. George and George M. Martinez were each convicted, following a jury trial, of violation of Penal Code section 4530, subdivision (b) (escape from state prison). The appeal is from the judgments.

During March 1979, appellants were inmates of the California Department of Corrections Black Mountain Conservation Camp, a minimum security institution without fenced perimeter, located in Sonoma County. When each appellant arrived at camp he received an orientation by a prison officer about the camp limits and then signed a form acknowledging the orientation.

On March 3, 1979, at 1:30 a.m., it was discovered that appellants were missing from camp. The police were notified of the escape and appellants were captured on March 4.

The basis of appellants’ defense was that they had liquor hidden outside the camp and had left camp to get a drink. They claim that after drinking they intended to return to camp before they were missed.

I

In the original information appellants were charged both with escape and attempted escape from the prison farm. In order to conform to the proof, the prosecution, following the conclusion of its case in chief, moved to amend the information…