California Court of Appeal

Conviction for battery by gassing is reversed and remanded where battery by gassing is a necessarily included offense of battery by a prisoner on a nonprisoner, and thus defendant should not have been convicted of battery by gassing once the jury found him guilty of battery by a prisoner on a nonprisoner.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gretchen Franklin, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, R. Todd Marshall and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.