People v. Moretto

Opinion

SPARKS, Acting P. J.

The central issue in this appeal is whether a prisoner escaping from a county jail who neither personally used force or violence nor aided or abetted its use may nevertheless be convicted of forcible escape simply because other prisoners used force in their escape and the defendant prisoner merely took advantage of the situation. Disagreeing with People v. Davis (1985) 166 Cal.App.3d 760 [212 Cal.Rptr. 673], we hold that the principles of criminal culpability preclude the imposition of liability for forcible escape in such a case.

A jury convicted defendant of…