People v. Bailey
54 Cal. 4th 740
| Cal. | 2012Background
- Bailey, a felon prisoner at the Correctional Training Facility, allegedly sawed through multiple barriers but remained within prison premises.
- The information charged escape from custody and allegedly “escape and attempt to escape.”
- Trial court instructed only on escape; no attempt instruction; defense argued interior breaches did not constitute escape.
- Defendant was convicted of escape without force or violence; Court of Appeal reversed for insufficient evidence and refused to modify.
- California Supreme Court granted review only on whether an appellate court can modify an escape conviction to attempt to escape when the attempt instruction was not given.
- The Court, holding that attempt to escape is not a lesser included offense of escape, affirmed the Court of Appeal’s judgment and rejected modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attempt to escape is a lesser included offense of escape | Bailey (People) argues it is not lesser included | Bailey argues not; intent element differs | Not a lesser included offense; no modification allowed |
| Effect of failed attempt instruction on modification authority | People says modification allowed if evidence supports attempt | Bailey says no, since required element not found by jury | Modification not permitted; lack of specific intent finding defeats modification |
| Role of specific intent in attempt to escape | People contends no extra element beyond escape | Bailey emphasizes requirement of specific intent to escape | Attempt to escape requires specific intent beyond completed escape |
| Impact of CALCRIM 2760 framing on escape analysis | People relied on definition including leaving designated area | Bailey argues the instruction misstates law | Instruction misstates law; need accurate definition to avoid misapplication |
Key Cases Cited
- People v. Navarro, 40 Cal.4th 668 (2007) (modification to lesser offense when evidence supports)
- People v. Reed, 38 Cal.4th 1224 (2006) (tests for lesser included offenses (elements/accusatory pleading))
- People v. Lavaie, 70 Cal.App.4th 456 (1999) (escape within prison perimeter can negate completed escape)
- People v. Gallegos, 39 Cal.App.3d 512 (1974) (requires specific intent for attempt to escape)
- People v. Williams, 26 Cal.4th 779 (2001) (contrast between attempt and assault; specific vs general intent)
- People v. Quijada, 53 Cal.App.2d 39 (1921) (early definition of escape within custody)
- United States v. Bailey, 444 U.S. 394 (1980) (discusses general concept of escape across jurisdictions)