P. v. Phan CA4/3
Jonathan Phan was convicted of one count of battery against a person with whom he has or previously had a dating relationship (Penal Code, § 243, subd. (e)(1)), and one count of identity theft. (§ 530.5, subd. (c)(2).) He appeals, arguing the evidence was insufficient to support the offense charged in either count because there was no evidence demonstrating (1) he was in a “dating relationship” with the victim of his battery, or (2) that he had willfully obtained the personal identifying information found on the floor behind the driver’s seat of his car.
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