And finally, citing both Clark and Townsend , a California court of appeals recently affirmed a defendant’s battery conviction for intentionally "smashing" his vehicle into the vehicle that his wife was driving. People v. Dealba , 242 Cal.App.4th 1142, 195 Cal.Rptr.3d 848, 850-51 (2015). Dealba argued that there was no evidence to support the offense’s touching element.
Gonzales alleged that in March 2005 he observed a police officer spit on a Hispanic youth, and reported the officer's conduct to his supervisor. Spitting on another person is a battery, and therefore a violation of Penal Code section 242. (People v. Hamilton (2009) 45 Cal.4th 863, 934 [evidence that defendant spat upon a deputy was sufficient to establish he committed a battery, defined as any willful and unlawful use of force or violence upon the person of another]; see People v. Dealba (2015) 242 Cal.App.4th 1142, 1149-1150.) Gonzales alleged that when he made this disclosure, he was forced to file a formal complaint against his wishes and suffered retaliation as a result.