Lawless

James L. Lawless appeals from the judgment following his conviction by jury of possession of marijuana in state prison (Pen. Code, § 4573.6) and conspiracy to escape from prison (Pen. Code, §§ 182/4530, subd. (b)). He was sentenced to a total term of three years, eight months, He contends the testimony of a defendant during his preliminary hearing may not be used to prove the corpus delicti. . . . * We disagree and affirm.

In accordance with the usual rules on appeal that the evidence must be viewed in light most favorable to respondent (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), it was established that appellant and Guy Andrade 1 shared a cell at the California Men’s Colony in San Luis Obispo. On November 7, 1985, a prison officer found marijuana in Andrade’s mattress and another officer found two pieces of a hacksaw blade behind the toilet in the cell and a glass pane from the cell window under appellant’s bed. The hacksaw blade was not the type generally used in the prison.

*1250 After being advised of and waiving their Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436, 444 [ 16 L.Ed.2d 694, 706-707 , 86 S.Ct. 1602 , 10…