P. v. Moore
The jury found defendant Tyrone Augustus Moore guilty of attempted second degree robbery of Jorge Rodriguez (Pen. Code, 664, 211).[1]Defendant waived his jury trial right and admitted the truth of the recidivist allegations that he suffered a prior conviction under the three strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d) and served a prior prison term ( 667.5, subd. (a)). Defendant was sentenced to seven years eight months in state prison.[2]
In this timely appeal, defendant contends the trial court prejudicially erred in failing to instruct sua sponte on the offenses of assault and battery, which he contends are lesser included offenses of attempted robbery. Concluding that assault and battery are not lesser included offenses of attempted robbery, we hold the court did not err in failing to instruct sua sponte on the offenses of assault and battery. Accordingly, we affirm the judgment.
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