California Court of Appeal

Conviction of defendant for committing a lewd act on a child under the age of 14 is affirmed as battery is not a lesser included offense to a violation of section 288 because a defendant may violate section 288 without committing a battery, and thus, the trial court did not have a sua sponte obligation to instruct the jury that battery was a lesser included offense to lewd and lascivious conduct.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• CORNELL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gregory W. Brown, Edmund G. Brown, Jr.