California v. Tice
Annotate this CaseIn 2017, defendant-appellant Carl Tice, Jr., was arrested and charged with committing a felony offense. He was later charged with three counts of battery on a custodial officer, and one count of battery on a detention facility employee by gassing, arising out of four separate incidents that occurred while he was confined awaiting trial. Defendant was convicted on all four counts in a court trial. On appeal, defendant challenged only his conviction on count 4 for a violation of Penal Code section 243.9(a). Subdivision (b) of the statute defined gassing as: “intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.” Defendant argued: (1) because the alleged victim testified she was employed by the county of Riverside, she was not an “ ‘employee of a local detention facility’ ” within the meaning of section 243.9(a); and (2) there was insufficient evidence to establish that the substance he threw on the victim was a bodily fluid, bodily substance, or a mixture containing a bodily fluid or bodily substance. After review, the Court of Appeal disagreed on both points and affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.