People v. Abrego
21 Cal. App. 4th 133, 25 Cal. Rptr. 2d 736, 93 Daily Journal DAR 16161 (1993)
Rule of Law:
To sustain a conviction for felony spousal abuse under Penal Code section 273.5, the prosecution must prove the defendant inflicted a corporal injury resulting in a 'traumatic condition,' which requires actual physical damage to the body (such as a wound or bruise), not merely physical pain or emotional distress.
Facts:
- Defendant Jose Abrego and the victim, Ester, were married but living separately.
- Early in the morning on September 25, 1991, Jose arrived at Ester's home appearing angry and shouting obscenities.
- Jose slapped or punched Ester five times in the face and head.
- Ester testified at trial that she was intoxicated at the time, felt no pain from the blows, and did not suffer any injuries or bruises.
- Ester did not seek medical treatment following the incident.
- A police officer responding to the scene observed no visible injuries on Ester.
- Despite the lack of visible injury, Ester told the officer at the scene that she felt 'soreness and tenderness' where she had been struck.
Procedural Posture:
- The State charged Abrego with infliction of corporal injury on a spouse (Count 1) and assault with a deadly weapon (Count 2).
- A jury in the trial court found Abrego guilty of Count 1 and guilty of the lesser included offense of battery on Count 2.
- The trial court sentenced Abrego to a three-year prison term for Count 1.
- Abrego appealed the conviction to the California Court of Appeal, arguing insufficient evidence for the corporal injury charge.
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Issue:
Does a victim's subjective sensation of soreness and tenderness, absent any visible bruising, wound, or other objective physical injury, constitute a 'traumatic condition' sufficient to support a conviction for felony spousal abuse under Penal Code section 273.5?
Opinions:
Majority - Acting Presiding Justice Dabney
No, the evidence of soreness and tenderness alone is insufficient to establish a 'traumatic condition' as required by the statute. The court reasoned that Penal Code section 273.5 defines a traumatic condition specifically as a 'condition of the body, such as a wound or external or internal injury.' Relying on the precedent of People v. Gutierrez, the court noted that while the injury may be minor, it must be an actual injury resulting from physical force. The court observed that the Legislature uses distinct language in other statutes (such as child abuse laws) to differentiate between the infliction of 'pain' and the infliction of 'injury.' Therefore, because Ester suffered no observable bruises or wounds and the officer saw no injuries, her experience of pain and emotional upset did not meet the statutory threshold for the felony charge, supporting only a conviction for the lesser included offense of misdemeanor battery.
Analysis:
This decision establishes a critical evidentiary floor for domestic violence prosecutions in California. By distinguishing 'pain' from 'injury,' the court limits the application of the felony spousal abuse statute to cases involving demonstrable physical alteration of the victim's body, however minor. This prevents the elevation of simple battery cases—where contact occurs but leaves no mark—to felonies solely based on the domestic relationship. It underscores a strict statutory interpretation approach, presuming that when the Legislature uses different terms ('pain' vs. 'injury') in related penal codes, it intends distinct meanings.
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