People v. Superior Court

I. Introduction

In these original proceedings, the People petition for a writ of mandate directing respondent court to vacate its order granting defendant’s Penal Code section 995 motion to dismiss the charge of assault by a life prisoner in violation of section 4500. The People contend that the trial court erred in determining that defendant was not a life prisoner within the meaning of section 4500 because, at the time of the alleged assault, defendant was serving a determinate sentence to be followed by two consecutive, indeterminate life sentences with the possibility of parole. In the People’s view, defendant met the section 4500 definition of a life prisoner as one who is “undergoing a life sentence” because defendant is undergoing a commitment that, in the aggregate, potentially subjects him to actual life imprisonment. We agree, and for that reason we will issue a peremptory writ of mandate as requested by the People.

II. Factual and Procedural Background

A. Background

Defendant Calvin Bell is an inmate at Salinas Valley State Prison who was convicted of 15 offenses, including kidnapping for ransom (§ 209, subd. (a)) and kidnapping for robbery (§ 209, subd.…