P. v. Morrison
Defendant and appellant Donjell Orlondo Morrison was charged with first degree murder (Pen. Code, § 187, subd. (a), count 1)[1] and assault on a child under eight years old resulting in death (§ 273ab, count 2). A jury found defendant guilty of the lesser included offense of involuntary manslaughter on count 1 (§ 192, subd. (b)), and guilty on count 2. The trial court sentenced defendant to a term of 25 years to life in state prison on count 2. The court imposed a term of four years on count 1, but stayed it pursuant to section 654.
On appeal, defendant argues that the court erred in failing to instruct the jury on the lesser included offense of simple assault (§ 245) on count 2. We affirm.
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