Snyder

Statement of the Case

Defendant Bradley Snyder appeals from a judgment of conviction for escape with force and violence (Pen. Code, § 4532, subd. (b)). He claims his right to a jury trial was violated and that the trial court abused its discretion in rejecting his guilty plea. We find no merit to these claims and affirm the judgment.

Facts

On September 7, 1986, defendant, an inmate of the Santa Clara County jail pending transfer to state prison, escaped with another inmate by cutting through a wire fence. Defendant was later captured in Nevada and returned to California.

Discussion

I. Right to Jury Trial

Defendant contends his constitutional right to a jury trial was infringed. Citing our decision in People v. Lozano (1987) 192 Cal.App.3d 618 [ 237 Cal.Rptr. 612 ], he asserts force and/or violence is an element of the crime of forcible escape. Here, however, the information, jury instructions, and verdict form did not present force as an element of forcible escape but rather as a separate allegation to be found true. He claims because this procedure required the jury to render a special verdict from which the trial court drew the legal conclusion of guilt, it…