People v. Superior Court

Opinion

PREMO, Acting P. J.

I. Introduction

In these original proceedings, the People petition for a writ of mandate directing respondent court to vacate its order granting defendant’s Penal Code section 995 1 motion to dismiss the charge of assault by a life prisoner in violation of section 4500. The People contend that the trial court erred in determining that defendant was not a life prisoner within the meaning of section 4500 because, at the time of the alleged assault, defendant was serving a determinate sentence to be followed by two consecutive, indeterminate life sentences with the…