People v. Jackson

Good Law
154 Cal. Rptr. 372·1979 Cal. App. LEXIS 1621·91 Cal. App. 3d 767
Court of Appeal of CaliforniaApril 10, 1979Crim. No. 9641California867 words

Opinion

Lead Opinion

Puglia, J.

*769 Opinion

Defendant contends that the trial court erroneously ran a term of imprisonment for burglary second degree (Pen. Code, § 459) consecutively to a term of imprisonment for escape with force and violence (Pen. Code, § 4532, subd. (b)). He argues that the escape term should instead be made to run consecutively to the burglary term. We reject defendant’s contention and affirm the judgment.

In 1975 defendant was placed on three years’ probation for receiving stolen property (Pen. Code, § 496.) In August 1977, he was charged with burglary (Pen. Code, § 459) alleged to have been committed on July 20, 1977. At a hearing in October 1977, on an alleged violation of probation on the receiving conviction, the trial court revoked probation and ordered defendant remanded to custody. Defendant, then on bail on thé burglary charge, ran out of the courtroom, knocked down a deputy sheriff, and escaped.

Defendant was charged with violation of Penal Code section 4532, subdivision (b) accomplished by force and violence. He pleaded guilty to that charge on November 21, 1977. On November 25, 1977, he entered a plea of guilty to the burglary charge in the second degree. The trial court…

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