Mar. 30, 2022 – People v. Kiger (4th Dist., Div. 2, E075551)

The Court of Appeal holds that defendant’s prior conviction for attempted domestic battery (PC 273.5(a); PC 664) is not a qualifying prior conviction for the purposes of domestic battery with a prior (PC 273.5(f)(1)). The court explains that “case law consistently holds that an attempt does not constitute a prior conviction unless the relevant statute expressly includes attempts.”