People v. Garges CA3

FACTS AND PROCEEDINGS

In April 2012 defendant was an inmate at the Deadwood Conservation Camp, an institution within the California Department of Corrections and Rehabilitation. Defendant had been repeatedly advised of the boundaries of the camp and the consequences of being outside the boundaries. The boundaries are well marked. One April evening, Correctional Officer Chad Tupman was conducting a perimeter check of the camp. He noticed an inmate near the roadway. Tupman confronted the inmate, defendant, and asked what he was doing. Defendant appeared nervous and answered he was looking for a “drop.” A “drop” is a term used to describe a package of contraband left by a noninmate for an inmate just outside of camp limits. Tupman ordered defendant back to camp. Defendant apologized, complied with Tupman’s order, and returned to camp. Tupman looked for the drop but could not find it. An information charged defendant with escape from custody, a felony. (Pen. Code, § 4530, subd. (b); unless otherwise set forth, statutory references that follow are to the Penal Code.) The information also alleged defendant had a prior strike conviction (§§ 667, subd. (e), 1192.7) and had served five…