People v. Roberts

Opinion

McKIBBEN, J.* Both defendants were prisoners at the California Medical Facility at Vacaville, California. Defendant Larry H. Roberts had previously been convicted of first degree murder and was a life prisoner. Defendant Archie Menefield was not a life prisoner. In the first count of a six-count complaint, the defendants were charged with conspiracy “to commit the crimes of murder, in violation of Penal Code section 187, and/or to commit the crimes of assault by a life prisoner with means of force likely to produce great bodily injury in violation of Penal Code section 4500. ...”

As a result of the incident, a prisoner and a correctional officer died.

[292]The defendants were held to answer on a portion of the complaint after a preliminary examination. The Attorney General filed a six-count information identical to the complaint in superior court and a motion to reinstate the dismissed portions of the complaint, pursuant to Penal Code section 871.5; defendants filed a Penal Code section 995 motion. Defendant Menefield filed a motion to strike that portion of the information charging him with conspiracy to violate Penal Code section 4500.

All motions were heard together and defendant Menefield’s motion to strike the conspiracy to violate Penal Code section 4500 was granted.

The People have appealed from that ruling, contending that defendants are chargeable with conspiracy to violate Penal Code section 4500.

Penal Code section 4500 states in pertinent part: “Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an assault upon the person of another, other than another inmate, with a deadly weapon ... is punishable with death; ...”

In support of its contention appellant relies principally on People v. Wood (1905) 145 Cal. 659 [79 P. 367]; People v. Carson (1909) 155 Cal. 164 [99 P. 970]; People v. Buffum (1953) 40 Cal.2d 709 [256 P.2d 317]; and Williams v. Superior Court (1973) 30 Cal.App.3d 8 [106 Cal.Rptr. 89], in support of its argument that though Menefield cannot be charged with a violation of section 4500 of the Penal Code that nevertheless he can be prosecuted for conspiracy to violate that section. Appellant further contends that the general rule is it matters not that as a result of a conspiracy charge that respondent will suffer a greater punishment than under the substantive offense itself.