PEOPLE v. SHOCKLEY

No. F058249.

190 Cal.App.4th 896 (2010)

THE PEOPLE, Plaintiff and Respondent, v. THOMAS RAYMOND SHOCKLEY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 8, 2010.


Attorney(s) appearing for the Case

Gregory W. Brown , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Louis M. Vasquez , Lloyd G. Carter and Leanne LeMon , Deputy Attorneys General, for Plaintiff and Respondent.


CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

CORNELL, Acting P. J.

A jury convicted appellant Thomas Raymond Shockley of one count of violation of Penal Code section 288, subdivision (a),1 committing a lewd act on a child under the age of 14. He contends the trial court erred by failing to instruct the jury that battery was a lesser included offense to the charged...

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