People v. Jackson

Opinion

EPSTEIN, Acting P. J.

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…