California Court of Appeal

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People v. Wade, A126393

In a prosecution that included counts for felony battery and grand theft, the appellate court finds: 1) the trial court's instruction on battery with serious bodily injury was proper, as the phrase serious bodily injury in Penal Code section 243(d) is defined solely by section 243(f)(4) without reference to (f)(5); and 2) because the amendment to Penal Code section 487(a) applied retroactively, it was not clear beyond a reasonable doubt that the jury relied on a valid theory in finding the defendant guilty of grand theft, so the conviction had to be reduced to petty theft.

Appellate Information

  • Decided 04/09/2012
  • Published 04/09/2012

Judges

  • Simons

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Walter K. Pyle, Catherine A. Rivlin