Conviction for battery by gassing is reversed and remanded where battery by gassing is a necessarily included offense of battery by a prisoner on a nonprisoner, and thus defendant should not have been convicted of battery by gassing once the jury found him guilty of battery by a prisoner on a nonprisoner.
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Appellate InformationAPPEAL from a judgment of the Superior Court of Kern County. Gary A. Ingle, Judge.FIFTH APPELLATE DISTRICTFiled August 11, 2009
JudgesBefore CORNELL, J., ARDAIZ, P.J., VARTABEDIAN, J. Opinion by CORNELL, J.
CounselFor Plaintiff: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, R. Todd Marshall and Raymond L. Brosterhous II, Deputy Attorneys General.
For Defendant: Gretchen Franklin, under appointment by the Court of Appeal.
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