People v. Shockley
Annotate this CaseAfter a jury trial, Defendant was convicted of lewd conduct. Defendant appealed, arguing that the trial court had a sua sponte duty to instruct the jury on battery as a lesser and necessarily included offense of lewd conduct. The court of appeal affirmed the judgment. The Supreme Court affirmed the court of appeal, holding (1) battery is not a lesser included offense of lewd conduct; (2) accordingly, if only lewd conduct is charged, the trial court has no duty to instruct on battery as a lesser included offense; and (3) therefore, the trial court in this case did not err in its judgment.
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