Is a lesser included offense of misdemeanor child abuse of counts 2 and 3 (felony child abuse) the same category?
California, United States of America
The following excerpt is from People v. Vargas, B294424 (Cal. App. 2020):
Defendant contends that the trial court committed prejudicial error when it failed to sua sponte instruct on the lesser included offense of misdemeanor child abuse of counts 2 and 3 (felony child abuse). "We review de novo a trial court's failure to instruct on a lesser included offense [citation], and in doing so we view the evidence in the light most favorable to the defendant." (People v. Millbrook (2014) 222 Cal.App.4th 1122, 1137.)
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