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PEOPLE v. LARA

Docket No. B091227.

44 Cal.App.4th 102 (1996)

51 Cal. Rptr.2d 402

THE PEOPLE, Plaintiff and Respondent, v. PETE LARA, JR., Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

April 2, 1996.

Attorney(s) appearing for the Case

COUNSEL

Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert C. Schneider, Sanjay T. Kumar and Frederick Grab, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

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...

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