People v. Rodriguez
California Court of Appeal
1Opinion of the CourtMolinari, J.
This is an appeal by the People from an order setting aside Counts I and II of an information charging defendant with violation of Penal Code section 4501.5, 1 which at all times pertinent to this appeal provided as follows: “Every person undergoing a sentence of less than life in a state prison of this State who commits a battery upon the person of any individual who is not himself a prisoner shall be guilty of a felony.... ” 2
Question Presented
Was defendant “undergoing a sentence of less than life in a state prison... ” ?
The Facts
Defendant was committed to the Youth Authority after having…
2Cases cited13 opinions
- People v. RalphCalifornia Supreme Court · 1944
- In Re HerreraCalifornia Supreme Court · 1943
- People v. SmithCalifornia Supreme Court · 1955
- People v. CarlsonCalifornia Court of Appeal · 1960
- People v. PerkinsCalifornia Court of Appeal · 1957
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3Cited by22 opinions
- Tracy v. Municipal CourtCalifornia Supreme Court · 1978
- People v. CheffenCalifornia Court of Appeal · 1969
- Baldwin v. Marshack (In Re Baldwin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Larson v. City of OaklandCalifornia Court of Appeal · 1971
- People v. EberhardtCalifornia Court of Appeal · 1986
17 more not listed; retrieve them via the Exa API.