California Court of Appeal

Conviction and sentence for misdemeanor child abuse and felony inflicting physical injury on a child are affirmed over claim that the trial court had a sua sponte duty to instruct the jury on misdemeanor child abuse as a lesser included offense of felony inflicting physical injury on a child.

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Lise S. Jacobsen, Deputy Attorneys General, for Plaintiff and Respondent.