Lara

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 104 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 105 OPINION No reported California case has ever said that a battery can be committed with "criminal negligence." We shall not be the first to so hold. With commendable candor, the Attorney General has conceded error at oral argument. We reverse because the trial court instructed the jury that appellant could be convicted of battery if he acted with "criminal negligence." It is unnecessary to reach appellant's remaining contentions. Pete Lara, Jr., was convicted by jury of battery with serious bodily injury. (Pen. Code, §§ 242 and 243 , subd. (d).) 1 In a bifurcated proceeding, the jury found that appellant had suffered two "strikes" within the meaning of section 667, subdivisions (d) and (e). The trial court sentenced appellant to state prison for an indeterminate term of 25 years to life pursuant to the "three strikes" law. (§ 667, subd. (e)(2)(A).) Facts Appellant spent the weekend at the home of his…