People v. Diaz

Opinion

RICHARDSON, J.—

Defendant Darlene Diaz appeals from a judgment (order granting probation) entered after a jury found her guilty of aiding and abetting an escape by a prisoner (Pen. Code, § 4532, subd. (b)) and conspiracy to commit an escape by a prisoner (id., § 182). (All statutory references are to the Penal Code unless otherwise noted.) As will appear, we have concluded that the judgment must be reversed for the reason that the person defendant assisted to escape from police officers was not a “prisoner” within the meaning of the term as used in section 4532, subdivision (b).

On April…