Martinez

An information charged defendants in count I with violation of Welfare and Institutions Code section 1768.7, escape from a California Youth Authority institution, “to wit, Pine Grove Youth Authority.” Count II charged defendants with violation of Penal Code section 4530, “escape ... while at work outside and away from the Pine Grove Youth Authority prison and while under the custody of prison officials, officers and employees.” Defendants moved to set aside the information on the ground the charged statutory provisions did not apply to them. (Pen. Code, § 995.) At the hearing, the People conceded that Penal Code section 4530 “does not apply,” to defendants. The court dismissed count II at the People’s request. Thereafter the court granted defendants’ motion and dismissed count I. From the latter order of dismissal, the People appeal (Pen. Code, § 1238, subd. (a)(1)). We shall affirm.

Defendant Martinez was convicted of receiving stolen property (Pen. Code, § 496, subd. 1) and defendant Steinmetz was convicted of robbery and burglary in separate proceedings antedating this prosecution. (Pen. Code, §§ 211, 459.) Each defendant was sentenced to state prison but was ordered…