LAVAIE

J.Nassar Lavaie appeals from his conviction after a court trial for escape from a state prison camp facility. He claims the evidence is insufficient to prove that he left the camp. He also asks this court to find that intent to remain free of custody is an element of the crime of escape, and to find that appellant lacked such intent as a matter of law. Respondent asks this court to modify the judgment because the trial court failed to impose a parole revocation fine, as required by Penal Code section 1202.45. We find insufficient evidence that appellant departed from the limits of his custody as required for escape, and therefore reverse the conviction.

Factual and Procedural Summary

Appellant was an inmate at Camp 19, a state correctional facility in Azusa Canyon. Sometime between 12:30 and 1:00 a.m. on May 25, 1997, Officers Ingram and Vargas counted the inmates at the camp, and all were present.

While patrolling the camp shortly after that count, the officers saw “what appeared to be two inmates walking towards the front gate.” The men were outside the dormitory, but within the perimeter fence of the camp. Officer Ingram believed they were inmates because they were…