In re Ronnie N

In In re Ronnie N. (1985) 174 Cal.App.3d 731, the court squarely held that aggravated assault is not a necessarily lesser included offense of felony battery because "a battery inflicting serious injury could occur without necessarily using a weapon or force likely to cause such serious injury." Drawing upon People v. Bertoldo (1978) 77 Cal.App.3d 627, 633-634, the Ronnie N. court gave the example of "'a push that results in a fall and concomitant serious injury,'" which would be "'triable as felony battery'" even though it may not entail "sufficient deadly force to permit successful prosecution" for aggravated assault "under section 245, subdivision (a)." (Ronnie N., supra, 174 Cal.App.3d at p. 735.)