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Name: People v. Nicholson
Case #: A101106
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/29/2004
Subsequent History: revw. den. 2/2/05

A parolee fleeing from officers attempting to arrest him for a parole violation is a constructive prisoner for purposes of the escape statute. Officers attempted to arrest defendant on a parole violation when he arrived for his regularly scheduled meeting with his parole officer, based on an arrest warrant that had issued without his knowledge nine days earlier. The defendant eluded the officers and was ultimately convicted of escape without force or violence. The Court of Appeal affirmed, holding that a parolee remains under the legal custody of the Department of Corrections, and thus his apprehension is not an arrest but a return from constructive to actual custody. Once the officers informed the defendant that he was under arrest and attempted to restrain him, he was in lawful custody and his attempted flight constituted an escape.