Pierce

—The trial court found defendant guilty of grand theft (§487, subd. 3, Pen. Code), escape (§4532, subd. (b), Pen. Code), kidnaping (§ 207, Pen. Code), and assault with intent to commit murder (§ 217, Pen. Code), and an alleged prior felony conviction (assault with a deadly weapon, July 21,1966), case No. 322281, to be true. He was sentenced to the state prison on counts I, II, III and IY for the term prescribed by law, the sentences on all counts to run consecutively to the sentence imposed in ease No. 322281 and to each other. He appeals from the judgment.

On August 27, 1966, defendant was a prisoner in custody at the Altadena sheriff’s substation as a result of a sentence imposed in ease No. 322281; he was a trusty, and in his capacity as janitor had freedom of the substation. In the early evening Deputy Klein’s locker was broken into and his revolver and jacket were stolen; defendant was missing, although he had no permission to leave the substation and knew this. Around 9 p.m. Steven Van Brasch, attendant at a service station across the street from the substation, was entering his automobile to go home; he felt a nudge in his back, turned around and saw defendant holding a…