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INTRODUCTION

Appellant Mario Valenzuela was convicted after jury trial of battery on a prison guard. (Pen. Code, § 4501.5.)1 Multiple prior strikes and prior prison term allegations were found true. After the trial court denied appellant‟s new trial motion, it sentenced him as a third strike offender to 25 years to life imprisonment plus two years. Appellant challenges the sufficiency of the evidence supporting the battery conviction. He argues that the trial court erred by refusing to instruct on the defenses of accident, unconsciousness and involuntary intoxication. Appellant contends that the trial court further erred by denying his new trial motion. None of these claims is persuasive. The judgment will be affirmed.

PROCEDURAL FACTS

On March 16, 2011, an information was filed charging appellant with battery on a correctional officer; it was specially alleged that appellant personally inflicted great bodily injury during the commission of this crime. (§§ 4501.5, 12022.7, subd. (a).) Nine prior felony convictions and seven prior prison terms were separately alleged. (§§ 667, subds. (a), (e)-(j), 1170.12, subds. (a)-(e), 667.5, subd. (b).) Appellant pled not guilty and denied…