Legal Opinion

People v. Rodriguez

California Court of Appeal

Decided November 13, 1963No. Crim. 4270PublishedCited by 22 opinions

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

  1. People v. RalphCalifornia Supreme Court · 1944
  2. In Re HerreraCalifornia Supreme Court · 1943
  3. People v. SmithCalifornia Supreme Court · 1955
  4. People v. CarlsonCalifornia Court of Appeal · 1960
  5. People v. PerkinsCalifornia Court of Appeal · 1957

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Tracy v. Municipal CourtCalifornia Supreme Court · 1978
  2. People v. CheffenCalifornia Court of Appeal · 1969
  3. Baldwin v. Marshack (In Re Baldwin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  4. Larson v. City of OaklandCalifornia Court of Appeal · 1971
  5. People v. EberhardtCalifornia Court of Appeal · 1986

17 more not listed; retrieve them via the Exa API.

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