Coleman

While serving a sentence at San Quentin state prison, Tyrone R. Coleman was convicted of committing a battery upon a person who was not a prisoner, in violation of Penal Code section 4501.5. Appellant had been previously convicted of a violation of Penal Code section 245, subdivision (a), assault with a deadly weapon.

At the time of the battery appellant was being escorted by a correctional officer, James Andrus, following a visit by relatives, from the visiting area back to his housing unit. Following the visit a routine pat search revealed appellant to be in possession of several packages of cigarettes. The cigarettes were confiscated in accordance with prison rules. Appellant was then subjected to a strip search to determine if he was attempting to smuggle contraband into the prison. During the strip search appellant became belligerent, throwing his clothing at the officers. The strip search revealed no contraband; whereupon Officer Andrus escorted appellant toward his housing unit. While the escort was in progress appellant, without warning, turned and struck Officer Andrus in the face with his fist. The incident was witnessed by other correctional officers and…