P. v. Judlin CA3
Defendant Jack Lee Judlin appeals following convictions for inflicting bodily injury on a person with whom he had a dating relationship (Pen. Code, § 273.5, subd. (a); count I) and misdemeanor battery against a person with whom he had a dating relationship (§ 243, subd. (e)(1); count II). In addition, the trial court found true defendant had served two prior prison terms and committed count II while out on bail. (§§ 12022.1, 667.5, subd. (b).) The court also found defendant’s December 2013 conviction for battery with serious bodily injury was a strike. (§§ 667, subds. (b)-(i), 1192.7, subd. (c)(8).)
On appeal, defendant contends there was insufficient evidence that his 2013 conviction was a serious felony within the meaning of the three strikes law because the evidence failed to show a necessary element, i.e., that defendant personally inflicted the injuries sustained by the victim.
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