SERIES 2700 CRIMES AGAINST GOVERNMENT
F 2723 Battery by Prisoner on Nonprisoner (PC 4501.5)
TABLE OF CONTENTS
F 2723 NOTES
F 2723 Note 1 Battery By Prisoner On Non-Prisoner (PC 4501.5 Is Lesser Included (LIO) Of Gassing (PC 4501.1)
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F 2723 NOTES
F 2723 Note 1 Battery By Prisoner On Non-Prisoner (PC 4501.5 Is Lesser Included (LIO) Of Gassing (PC 4501.1)
Battery by a prisoner on a nonprisoner (PC 4501.5), is a necessarily included offense of battery by gassing (PC 4501.1). A defendant may not be convicted of both the greater and lesser included offense within the meaning of PC 954 and People v. Ortega (1998) 19 C4th 686, 692 [the elements test; if a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former]. (People v. Flores (2009) 176 CA4th 924.)