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PEOPLE v. SHOCKLEY

No. S189462.

58 Cal.4th 400 (2013)

165 Cal. Rptr. 3d 497

314 P.3d 798

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

Supreme Court of California.

December 26, 2013.

Attorney(s) appearing for the Case

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

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

OPINION

CHIN, J. —

We must decide whether battery is a lesser and necessarily included offense of lewd and lascivious conduct with a child under 14 years of age (hereafter referred to as lewd conduct). We conclude it is not.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 17, 2007, defendant Thomas Raymond Shockley attended a family gathering in Modesto to celebrate victim Jane Doe's 10th birthday.

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