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PEOPLE v. MANUEL

No. F042927.

14 Cal.Rptr.3d 775 (2004)

The PEOPLE, Plaintiff and Respondent, v. Travis MANUEL, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Granted July 22, 2004.

Attorney(s) appearing for the Case

Sandra Uribe, Santa Monica, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Jeffrey D. Firestone and Kelly C. Fincher, Deputy Attorneys General, for Plaintiff and Respondent.

Certified For Partial Publication.*

OPINION

WISEMAN, J.

Defendant Travis Manuel appeals from a conviction of mayhem. He argues that the trial court erred in failing to give, sua sponte, a jury instruction on battery with serious bodily injury as a lesser-included offense of mayhem and aggravated mayhem. He also contends that the trial court abused its discretion in sentencing...

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