Prior convictions for attempted domestic battery cannot be used to enhance a domestic battery conviction, the Fourth District Court of Appeal, Division Two, ruled March 30 in the appeal of a Riverside Superior Court case.
Johnathan Kiger, of Winchester, was sentenced to 16 years in prison for domestic battery with a prior, and assault by means of force likely to cause great bodily injury, in a bench trial under Riverside Superior Judge Kelly Hansen Aug. 18, 2020.
“Case law consistently holds that an attempt does not constitute a prior conviction unless the relevant statute expressly includes attempts.”
From the ruling
Kiger’s then-girlfriend alleged that he got drunk, started an
