Supreme Court of California

Defendant's conviction of lewd and lascivious conduct with a child under 14 years of age is affirmed, where: 1) battery is not a lesser and necessarily included offense of lewd and lascivious conduct with a child under 14 years of age; and 2) the trial court did not have a sua sponte duty to instruct the jury on battery under Penal Code section 242 as a lesser and necessarily included offense of lewd conduct.

Appellate Information

• Decided 12/26/2013
• Published 12/26/2013

Judges

• CHIN

Court

• Supreme Court of California

Counsel