People v. Hall
California Court of Appeal · 2002-09-05 · cited 9×
In People v. Hall, the defendant was convicted after a jury trial of felony assault on a public official and misdemeanor resisting a peace officer, based on an attack during a prior criminal proceeding and incidents of spitting on court personnel during the trial itself. The trial court ordered AIDS and communicable disease testing under Health and Safety Code sections 121050 and 121060, with results to be shared with the affected individuals. On appeal, the defendant argued the court lacked authority for the order, that sweat did not qualify as a bodily fluid under the statute, and that the statute violated equal protection if interpreted to cover sweat. The Court of Appeal affirmed the judgment and testing order, holding that the statute applied to sweat as a bodily fluid and that persons who sweat versus those who do not are not similarly situated for equal protection analysis, but remanded to correct the abstract of judgment to cite the proper statutory authority instead of Penal Code section 1202.1.