Robinson

Defendant was charged by information with violation of section 4530, subdivision (b) of the Penal Code (escape), a felony. Defendant pleaded not guilty and requested a jury trial. Defendant’s motion for a mistrial during the selection of the jury based upon statements made by prospective jurors was denied. After a trial by jury, defendant was found guilty of violation of section 4530, subdivision (b) of the Penal Code. Probation was denied and defendant was sentenced to prison for the term prescribed by law, such sentence to run concurrently within the prior uncompleted sentence. Defendant appeals from the judgment of conviction rendered against him.

Facts

On November 18, 1966, defendant was confined to the California Men’s Colony, West Facility, and was not transferred or released from that facility on that date. On that date, defendant was assigned to the National Guard crew which did the maintenance work at Camp San Luis Obispo. Officer Cecil H. Anderson was in charge of the crew and was responsible for returning the men to the facility at the end of each day.

On the above date, defendant Robinson was working for the refrigeration foreman, one Frederiksen, in Building 1203.…