People v. Mitchell

I respectfully dissent. Today we decide whether the People, in charging a violation of Penal Code1 section 4532, subdivision (b) (attempted escape from the custody of the sheriff of Alameda County), were also required to plead and prove that defendant wasconstructively "confined in state prison" at the time he attempted to escape in order for section 1170.1, subdivision (c) to be applied. I would hold that neither the statutory scheme nor due process mandate such pleading and proof at trial before a court may compute the length of a consecutive sentence pursuant to section 1170.1, subdivision…