Glover

Defendant George Hilton Glover appeals his sentence to six months in jail after a jury found him guilty of battery (Pen. Code, § 242) as a lesser included offense of the battery with serious bodily injury (§§ 242, 243) charged in the amended information.

Around 9 p.m. on September 20, 1978, in the family kitchen, Glover began an argument with his 14-year-old son Mario concerning Mario’s eating habits. He then picked up a pair of scissors and threw them overhand at his son, inflicting a life-threatening cut in the femoral artery of Mario’s thigh.

On his appeal, Glover makes two assertions, first that his case should be remanded to determine whether the prosecutor complied with section 273ab and considered him for “child abuse diversion” before initiating the criminal prosecution. Section 273ab reads: “(a) It is the intent of the Legislature that nothing in this section is intended to deprive a prosecuting attorney of the ability to prosecute persons suspected of violating any section of this code in which a minor is a victim of an act of abuse or neglect to the fullest extent of the law if the prosecuting attorney so chooses.

“(b) In lieu of prosecuting a person…