People v. Gallegos

Opinion

WHELAN, J.

Armando Mejias Gallegos, defendant, has appealed from a judgment committing him to prison after a jury found him guilty of at tempted escape in violation of Penal Code section 4532, subdivision (b), and that he had used force and violence in the attempt.

Because of the omission of certain required instructions, the judgment must be reversed.

The evidence was sufficient to support a finding defendant attempted to escape from the Imperial County jail while confined there on a felony charge.

His testimony was that he had no desire to escape, but had left his cell when a jailer had…