People v. Dealba

2 Citing cases

  1. City of Fort Worth v. Deal

    552 S.W.3d 366 (Tex. App. 2018)   Cited 5 times
    Holding that a sufficiently close connection between the deceased's person and his vehicle existed such that an unknown police officer's deployment of a tire-deflation device that caused the vehicle to crash constituted a battery

    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.

  2. Gonzales v. City of Long Beach

    No. B249060 (Cal. Ct. App. May. 12, 2016)

    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.