People v. Jackson

Penal Code section 273.5 criminalizes the willful infliction of corporal injury resulting in a traumatic condition upon a cohabitant. The issue presented in this case is whether appellant violated that statute since the victim’s injuries resulted from her attempt to escape rather than from the battery. For reasons explained in this opinion, we conclude that where, as here, the victim’s injury does not result from direct physical contact by the defendant, Penal Code section 273.5 is not violated. Therefore, we shall modify the judgment to reflect a conviction of the lesser, necessarily included crime of battery in violation of Penal Code section 243, subdivision (e)(1), and remand for resentencing.

Factual Summary

The evidence was brief and uncontradicted. On April 15, 1998, appellant confronted his girlfriend, Ms. Bell, outside the residence where they lived together. Appellant asked Ms. Bell what was going on between her and a man named Carlos. Appellant repeated his questions, pushing Ms. Bell on her shoulder and head with the heel of his hand. The argument continued across the street as Ms. Bell attempted to get away from appellant. There, appellant pushed Ms. Bell…