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Name: People v. Watson
Case #: B172763
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/20/2004
Subsequent History: Rev. gr. 3/30/05: S131052

A prisoner transferred to a state hospital is not “confined in state prison” for purposes of Penal Code section 4501.5. Accordingly he cannot be guilty of battery by a state prisoner. Further, the issue was cognizable on appeal in spite of the defendant’s no contest plea, since he obtained a certificate of probable cause and specifically challenged the legal impossibility of the offense rather than the sufficiency of the evidence.