In what circumstances will the Attorney General accept that a conviction of assault by a prisoner was invalid?
California, United States of America
The following excerpt is from In re Henry, H044227 (Cal. App. 2018):
In his return, the Attorney General concedes that petitioner's conviction of assault by a prisoner was invalid "because [former] section 4501 expressly exclude[d] prisoners serving a life sentence."3 We find the concession appropriate. (See People v. Noah (1971) 5 Cal.3d 469, 476 (Noah) [former section 4501 was "applicable only to prisoners serving a sentence of less than life"].)
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