California Court of Appeal

Defendant's conviction for battery by a prisoner in violation of Penal Code section 4501.5 is reversed where defendant was transferred to a state hospital and was not "confined in a state prison," within the meaning of section 4501.5, when the battery was committed.

Appellate Information

• Decided 12/20/2004
• Published 12/20/2004

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Linda Rush, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Deborah J. Chuang, Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.