Supreme Court of California

A prisoner transferred from a state prison to a state hospital pursuant to Penal Code section 2684 is a person "confined in a state prison," because such a prisoner is "temporarily outside the walls and bounds of the prison" within the meaning of that phrase as defined by Penal Code section 4504(b). Consequently, a section 2684 transferee is subject to prosecution for battery under Penal Code section 4501.5 and to the increased punishment provided upon conviction under that statute.

Appellate Information

• Decided 12/17/2007
• Published 12/17/2007

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Linda C. Rush, under appointment by the Supreme Court, Camarillo, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Deborah J. Chuang, Margaret E. Maxwell and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.