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PEOPLE v. MOUSSABECK

No. G038038.

68 Cal.Rptr.3d 877 (2007)

157 Cal.App.4th 975

The PEOPLE, Plaintiff and Respondent, v. Omar MOUSSABECK, Defendant and Appellant.

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

December 7, 2007.

Attorney(s) appearing for the Case

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Lise S. Jacobsen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'LEARY, J.

Omar Moussabeck appeals from his conviction on one count of misdemeanor child abuse (Pen.Code, § 273a, subd. (b)),1 and one count of felony inflicting physical injury on a child (§ 273d, subd. (a)). He contends the trial court had a sua sponte duty to instruct the jury on misdemeanor child abuse as a lesser included offense of felony inflicting physical injury on a child. We conclude there was no...

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