People v. Silver

Opinion

KREMER, P. J.

The People appeal the order setting aside an information charging Wyatt Silver with assault by a prisoner likely to cause great bodily injury (Pen. Code,

1

§ 4501).

On May 13, 1994, the People filed a complaint in Imperial County charging Silver with assault by a prisoner likely to cause great bodily injury. When correctional officer Sergeant Mason testified at the preliminary hearing, the following colloquy occurred:

“[Prosecutor]: How long have you been employed as correctional officer by the California Department of corrections?

“[Witness]: Eight years, nine months.

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[1025]

“[Prosecutor]: On that day, January 24, 1994, were you on duty at 0800 hours?

“[Witness]: Yes, I was.

“[Prosecutor]: What was your assignment at that time?

“[Witness]: I was facility “D” program sergeant.

“[Prosecutor]: And at that time what was the—what was your special duty at that time?

“[Witness]: I was at that time monitoring the facility “D” feeding, the morning meal.

“[Prosecutor]: During that morning meal did anything unusual happen among the inmates?

“[Witness]: Yes, there was an altercation on the yard.

“[Prosecutor]: And do you recall how many inmates were involved?

“[Witness]: Two.

“[Prosecutor]: What were the names of those inmates?

“[Witness]: One was inmate Henderson, the other one was inmate Silver.

“[Prosecutor]: What happened between those two inmates?