Roberts

Both defendants were prisoners at the California Medical Facility at Vacaville, California. Defendant Larry H. Roberts had previously been convicted of first degree murder and was a life prisoner. Defendant Archie Menefield was not a life prisoner. In the first count of a six-count complaint, the defendants were charged with conspiracy “to commit the crimes of murder, in violation of Penal Code section 187, and/or to commit the crimes of assault by a life prisoner with means of force likely to produce great bodily injury in violation of Penal Code section 4500. ...”

As a result of the incident, a prisoner and a correctional officer died.

*292 The defendants were held to answer on a portion of the complaint after a preliminary examination. The Attorney General filed a six-count information identical to the complaint in superior court and a motion to reinstate the dismissed portions of the complaint, pursuant to Penal Code section 871.5; defendants filed a Penal Code section 995 motion. Defendant Menefield filed a motion to strike that portion of the information charging him with conspiracy to violate Penal Code section 4500.

All motions were heard together and defendant…