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PEOPLE v. FUENTES

No. G030438.

10 Cal.Rptr.3d 167 (2004)

The PEOPLE, Plaintiff and Respondent, v. Felipe Manuel FUENTES, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Denied May 19, 2004.

Attorney(s) appearing for the Case

Brett Harding Duxbury, Montrose, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil P. Gonzalez and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.

Certified For Partial Publication.*

OPINION

O'LEARY, J.

Is battery a lesser included offense of robbery where the accusatory pleading alleges the taking was accomplished by force and fear? In the published portion of this opinion, we answer that question affirmatively. However, we conclude the trial court's error in failing to instruct the jury on battery was not reversible here.

In the unpublished portion...

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