Hall

Defendant appeals from a judgment following jury trial upon charges of felony assault on a public official and misdemeanor resisting, delaying and obstructing a peace officer. He claims the trial court did not have authority to order that he be tested for AIDS or other communicable diseases and that, if Health and Safety Code section 121060 is determined to cover sweat, the statute infringes on his constitutional rights. Based upon our discussion that follows, we affirm but direct that the trial court amend the abstract of judgment.

Statement of the Case

An information was filed November 23, 1999, charging Randy Aaron Hall (appellant) with one count of felony assault on a public official, i.e., Tim Donovan, a deputy district attorney (Pen. Code, § 217.1, subd. (a)) and one count of resisting, delaying and obstructing a peace officer (§ 148, subd. (a)(1)). The information alleged further that appellant had two prior strike convictions pursuant to sections 667, subdivisions (b)-(i), and 1170.12, subdivisions (a)-(e), and had served two prior prison terms pursuant to section 667.5.

Jury trial began August 14, 2000. On August 15, 2000, the deputy attorney general who was…