California Court of Appeal

Trial court should have instructed the jury that sexual battery is a lesser included offense of penetration with a foreign object, and failure to so instruct was prejudicial, therefore conviction is reversed.

Appellate Information

• Decided 06/04/2002
• Published 06/04/2002

Judges

• RUSHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alan Siraco, under appointment by the Court of Appeal for Appellant, Attorney for Appellant:  Giam Thai Vu.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christina V. Kuo, Supervising Deputy Attorney General, William Kuimelis, Deputy Attorney General, Attorney for the Respondent:  The People.