California Court of Appeal

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People v. Thomas, A111109

Convictions for sexual offenses against four minors is reversed as to one lewd act count as battery is a lesser included offense of lewd acts, and the trial court erred in not instructing on battery since a reasonable jury could have concluded that the touching was offensive in light of defendant's other conduct, but that it was not committed with intent to gratify defendant's sexual desires.

Appellate Information

  • Decided 01/18/2007
  • Published 01/18/2007




  • California Court of Appeal


  • For Appellees:
  • Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Jamie Michele Weyand, Deputy Attorney General, for Plaintiff and Respondent., Solomon Wollack under appointment by the Court of Appeal, for Defendant and Appellant.
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