People v. Nicholson
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION†]
1Opinion of the Court
Opinion
SIMONS, J.
Numerous Penal Code provisions punish those who successfully frustrate an effort to arrest them. 1 Alone among these, the escape statute, section 4532, requires that the defendant be a “prisoner” at the time he or she flees “lawful custody.” In this case, officers lost control over appellant while arresting him, and he fled the scene. In the published portion of this opinion, we address the nature of the crime appellant committed when he fled and conclude that his flight constituted an escape, but only because appellant was a parolee in lawful custody for a parole violation.…
2Cases cited16 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re EstradaCalifornia Supreme Court · 1965
- People v. FloodCalifornia Supreme Court · 1998
- People v. LawrenceCalifornia Supreme Court · 2000
- People v. DenneCalifornia Court of Appeal · 1956
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3Cited by7 opinions
- People v. NucklesCalifornia Supreme Court · 2013
- People v. WhitmerCalifornia Court of Appeal · 2014
- People v. Taggart, California Court of Appeal, 5th District2019
- In Re SmithCalifornia Court of Appeal · 2007
- People v. Maxwell CA3California Court of Appeal · 2013
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