PEOPLE v. JACKSON

No. B126622.

91 Cal.Rptr.2d 805 (2000)

77 Cal.App.4th 574

The PEOPLE, Plaintiff and Respondent, v. Kimriley JACKSON, Defendant and Appellant.

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

Review Denied April 19, 2000.


Attorney(s) appearing for the Case

Ralph Joseph Novotney, Jr., under appointment by the Court of Appeal, West Hills, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Ellen Birnbaum Kehr, Deputy Attorney General, for Plaintiff and Respondent.


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...

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