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PEOPLE v. NICHOLSON

No. A101106.

20 Cal.Rptr.3d 476 (2004)

123 Cal.App.4th 823

The PEOPLE, Plaintiff and Respondent, v. Aaron D. NICHOLSON, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

Rehearing Denied November 19, 2004.

Review Denied February 2, 2005.

Attorney(s) appearing for the Case

Paul V. Carroll, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Margo J. Yu, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

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...

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