P. v. Patrick 12/20/04 CA2/6

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B172437

Case Date: 04/13/2005

Preview:Filed 12/20/04 P. v. Patrick CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. RONALD DEAN PATRICK, Defendant and Appellant. 2d Crim. No. B172437 (Super. Ct. No. F340973) (San Luis Obispo County)

Appellant, Ronald Dean Patrick, was transferred from state prison to Atascadero State Hospital (ASH) for psychiatric treatment pursuant to Penal Code section 2684.1 While Patrick was an inpatient at ASH, he struck a hospital employee and was charged with two counts of battery by a prisoner pursuant to section 4501.5. Section 4501.5 states, in pertinent part, "[e]very person confined in a state prison . . . who commits a battery. . . shall be guilty of a felony and shall be imprisoned in the state prison . . . ." (Italics added.) Patrick pled no contest to one count of section 4501.5, obtained a certificate of probable cause and appealed the judgment of conviction, contending that section 4501.5 does not apply to him because he was confined in a hospital, not a state prison. We agree and reverse.
1

All statutory references are to the Penal Code unless otherwise stated.

FACTS AND PROCEDURAL HISTORY Pursuant to section 2684, Patrick was transferred from state prison to ASH for psychiatric treatment. Patrick assaulted an ASH staff member on two separate occasions. Patrick was charged with two counts of battery by a person confined in state prison against one who is not a prisoner. Patrick pled no contest to one count of battery by a prisoner as part of a plea bargain. Pursuant to the plea bargain, Patrick was sentenced to the low term of two years in state prison, which was doubled due to a prior "strike" conviction. Both during and after the plea, the court told Patrick it would issue a certificate of probable cause so he could "contest the legal issue of whether or not a 2684 prisoner should be subject to . . . 4501.5 . . . . [E]ven though you pled no contest, you can still appeal it." The trial court issued the certificate and Patrick appeals contending that section 4501.5 does not apply to him because he was not confined in prison when he struck the hospital employee. DISCUSSION Appealability The People argue that we should dismiss this appeal, despite the issuance of a certificate of probable cause, because Patrick's plea constitutes an admission he was confined in state prison at the time of the offense. We disagree. We may consider an appeal from a conviction by plea where the defendant has filed a written statement with the trial court "showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings," and the trial court has "executed and filed a certificate of probable cause for such appeal with the clerk of the court." (

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