Rodriguez

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, 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.... ”

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 been declared a ward of the Juvenile Court of Los Angeles County. Pursuant to such commitment defendant was sent to Deuel Vocational Institution and thereafter, on July 26, 1961, was transferred to the Correctional Training Facility at Soledad. While such an inmate of Soledad it is alleged that defendant, on April 27, 1962, struck one guard with his fist and another guard with a guitar handle. These alleged batteries are the basis of the first two counts of the information, which the court below dismissed pursuant to a motion under section 995. For purposes of this appeal, there is no…