California Court of Appeal

Conviction and sentencing of defendant for the second degree murder of a child a little over a year old and assault on that child, Pen. Code sections 187(a)1and 273a(b), are upheld where the trial court did not err by not giving instructions on an uncharged lesser related offense of child abuse, despite an agreement between the prosecution and defense that the trial court instruct the jury to that effect.

Appellate Information

• Decided 11/07/2011
• Published 11/07/2011

Judges

• MOSK

Court

• California Court of Appeal

Counsel