P. v. Chavez
A jury found defendant Fernando Chavez guilty of assaulting a child under eight years of age whom he had care of with force that to a reasonable person would be likely to produce great bodily injury, resulting in the childs death. Defendant was sentenced to 25 years to life in prison. On appeal, defendant contends the trial court erred by not instructing the jury on two lesser included offenses: simple assault and assault by means of force likely to produce great bodily injury. Finding no error, Court affirm the judgment.
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