California Court of Appeal

Conviction of defendant for battery against a transportation worker, among other counts, is modified down to simple battery and the matter remanded for resentencing, where: 1) battery on a person on public transportation is not a lesser included offense of battery against a transportation worker; and 2) there is no evidence to support a finding that the victim of battery was a "station agent" within the meaning of Penal Code section 243.3.

Appellate Information

• Decided 10/28/2014
• Published 10/28/2014

Judges

• Blease

Court

• California Court of Appeal

Counsel