Trotter

I. Introduction

Defendant, Victor Leon Trotter, appeals from his conviction for: two counts of assault with a firearm (Pen. Code, 1 § 245, subd. (a)(2)); possession of a firearm by an ex-felon (§ 12021.1); and escape from custody. (§ 4532, subd. (b)(1).) Additionally, he was found to have personally used a firearm in each of the aggravated assaults. (§ 12022.5, subds. (a) & (d).) In the *967 published portion of this opinion, we concluded defendant, who was out of custody at the time of his municipal court arraignment when he ran from the courtroom, may not be convicted of escape within the meaning of section 4532, subdivision (b)(1). We reach this conclusion in the context of an evidentiary record before the jurors which contains no evidence defendant was ever in custody prior to the arraignment at which he ran from the courtroom. We do not address the issue of an escape from a courtroom by an in-custody defendant.

II. Discussion

Escape From Custody

Defendant argues there was insufficient evidence to support his conviction for escape from custody. 2 We review the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 99…