Moretto

The central issue in this appeal is whether a prisoner escaping from a county jail who neither personally used force or violence nor aided or abetted its use may nevertheless be convicted of forcible escape simply because other prisoners used force in their escape and the defendant prisoner merely took advantage of the situation. Disagreeing with People v. Davis (1985) 166 Cal.App.3d 760 [ 212 Cal.Rptr. 673 ], we hold that the principles of criminal culpability preclude the imposition of liability for forcible escape in such a case.

A jury convicted defendant of possession for sale of methamphetamine (Health & Saf. Code, § 11378) and escape by force from a jail (Pen. Code, § 4532, subd. (b), Stats. 1985, ch. 915, § 1, p. 2911). In a bifurcated proceeding, the trial court found true an allegation that defendant had suffered a prior conviction for violating Health and Safety Code section 11378, thereby warranting a three-year enhancement pursuant to Health and Safety Code section 11370.2. The court also found true an allegation that defendant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).

Sentenced to 13 years in state…