P.

INTRODUCTION

Appellant/defendant Tyrik Locke (defendant) was charged with count I, battery causing great bodily injury (Pen. Code,1 § 243, subd. (d)), and count II, criminal threats All further statutory citations are to the Penal Code unless otherwise indicated. (§ 422), based on an incident where defendant punched and threatened Monica Galvan. After a jury trial, defendant was convicted as charged in count I and, as to count II, he was convicted of the lesser included offense of attempting to make a criminal threat (§§ 664/422). He was sentenced to three years in prison. On appeal, defendant contends his conviction for attempted criminal threats must be reversed because the jury was not properly instructed on the elements of the offense. He also contends the court should have granted his motion to instruct the jury about accident as a defense to battery. We will affirm.

FACTS

Defendant Tyrik “Ti” Locke, Monica Galvan, Robert “Bobby” Morales, and “Rick” Alvarez had known each other for many years. Galvan was not dating defendant or the others. On the evening of June 23, 2008, Galvan joined defendant, Morales, and Alvarez for an evening at Chukchansi Casino to celebrate…