P. v. Scott
Foster Lee Scott appeals from the judgment entered upon his conviction by jury of corporal injury on spouse or cohabitant (Pen. Code, 273.5, subd. (a)).[1] Defendant admitted having suffered a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced him to an aggregate state prison term of four years. Defendant contends that the trial court erred in failing to instruct the jury on the necessarily included offense of misdemeanor assault on a spouse without corporal injury within the meaning of section 243, subdivision (e)(1). Court affirm.
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