P. v. Vailuu
The People appeal from the trial court's order sustaining a demurrer to a portion of a grand jury indictment against Raymond T. Vailuu, who was an inmate at Calipatria State Prison serving a term of 25 years to life.[1] After the court sustained his demurrer, Vailuu entered a negotiated guilty plea to one count of assault (Pen. Code, 4501).[2] Under the plea bargain, the remaining charges in the indictment were dismissed and the prosecution retained the right to challenge the demurrer by this appeal. The trial court sentenced Vailuu to a two-year prison term to run consecutive to his sentence of 25 years to life. The appeal is dismissed.
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