California Court of Appeal

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PEOPLE v. FUENTES, G030438

Battery is a lesser included offense of robbery in a case in which the charging document alleges "force and fear." Here, the trial court's error in failing to instruct the jury on battery was not reversible; there is no reasonable probability the jury would have convicted defendant of battery rather than robbery, if instructed on both crimes.

Appellate Information

  • Decided 02/26/2004
  • Published 02/26/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Brett Harding Duxbury, Montrose, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil P. Gonzalez and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.