Home -> Law Blog Directory -> Criminal Law Blogs -> Criminal Appeal

Criminal Law

: Criminal Appeal

Hospitals Can Be Prisons Too

By Jeremy Price

Pursuant to a California statute that provides for the transfer of mentally ill prisoners to state hospitals, the defendant in this case was transported from a state prison to Atascadero State Hospital. Shortly after his arrival at the hospital, he struck a nurse in the face. The defendant was subsequently convicted of violating California Penal Code (PC) section 4501.5, which makes it a felony for any person ?confined in a state prison who commits a battery? upon a nonprisoner. The Court of Appeal reversed his conviction, finding that appellant was not "confined in a state prison" at the time of the battery because the incident occurred while he was at the hospital. The California Supreme Court reversed the Court of Appeal's decision and affirmed the conviction...continue to full post

Full post as published by Criminal Appeal on December 17, 2007 (boomark / email).