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Name: People v. Hall
Case #: F036711
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/05/2002
Subsequent History: none

Appellant was convicted of felony assault on a public official, a third strike offense. During the offense, appellant’s sweat came in contact with the victim officers. During the trial, appellant also repeatedly spat on the investigating officer and the prosecutor. He told them that he had AIDS and that they would die with him. Appellant was sentenced to 27 years to life, and it was ordered that he be tested for communicable diseases, including AIDS. No objection to the order was made at sentencing. Here, the appellate court affirmed the order, finding that it could address the issue, as appellant argued the sentence was unauthorized. Although testing was not authorized under Penal Cdoe section 1201.1, as reflected in the abstract, it was authorized under Health and Safety Code sections 121050 and 121060. The term “other bodily fluids” in the statute includes sweat.