People v. Lay CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Billy Raybutch Lay of misdemeanor

battery on a person in a dating relationship (Pen. Code,1 § 243, subd. (e)(1)) as a lesser

included offense of willfully inflicting corporal injury upon his former girlfriend,

resulting in a traumatic condition (§ 273.5, subd. (a)). On appeal, defendant claims the

trial court prejudicially erred and violated his due process rights by failing to provide a

self-defense instruction as to the lesser included battery offense. We agree and reverse

defendant’s misdemeanor simple battery conviction.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. People’s Evidence

Around 3:00 a.m. on March 11, 2023, San Bernardino County Sheriff’s

Department Detective Javier Lopez responded to a call from a duplex in Yucca Valley to

investigate a break-in. However, upon arrival and investigation, it was apparent to

Detective Lopez that he was investigating a domestic violence incident. Detective Lopez

found defendant and the victim, Jane Doe, in the southwest bedroom of the duplex, and

noticed that there was damage to the inside of the residence. The bathroom door

appeared to be torn in half and there was…