Powers

Defendant James W. Powers appeals from a judgment after trial by jury convicting him of escape by force and violence (Pen. Code, §4532, subd. (b)), first degree robbery (Pen. Code, §211), two counts of kidnaping (Pen. Code, § 207), assault with a deadly weapon (Pen. Code, §245), and two counts of possession of a firearm while lawfully confined in jail (Pen. Code, §4574). He was sentenced, pursuant to Penal Code, section 654, on one of the kidnaping charges and for escape and robbery.

The evidence disclosed that Powers, his codefendant Barnard, and one Terry, were prisoners in the Alameda County Jail. Powers had planned with Terry to escape and later had a discussion with Barnard about the escape. Powers, however, was moved to another part of the jail and had no further conversations with Terry and Barnard, who continued to discuss escape plans which did not include defendant. The escape was planned for September 19, 1965. On that day Barnard produced a .357 Magnum revolver and ordered a jailer toward the “dayroom” where Terry was located. Terry was released and the two men committed acts of violence and robbery against jail officials during the course of which another revolver…