Longoria

The sole issue is whether appellant, when he committed a battery against Officer Nagle, inflicted an injury upon Officer Nagle within the meaning of Penal Code section 243, subdivision (c). We find substantial evidence of such injury and affirm the judgment.

Procedural and Factual Background

The charges against appellant were battery with injury upon Officer Hildahl (§ 243, subd. (c); count I), battery with injury upon Officer Nagle (§ 243, subd. (c); count II), and disobeying a court order, a misdemeanor (§ 166, subd. (a)(4); count III). Two state prison robbery convictions were also alleged (§ 667.5, subd. (b)). Appellant pleaded guilty to count III, not guilty to counts I and II, and denied the two felony conviction allegations. Trial was by jury. At the close of the prosecution case, the prosecution, conceded that as to Officer Hildahl (count I), the evidence showed only a battery without injury, a misdemeanor. The jury was instructed accordingly. The jury found appellant guilty of misdemeanor battery against Officer Hildahl (§ 243, subd. (b), a lesser included offense, count I) and battery with injury against Officer Nagle, a felony (count II). Appellant admitted…