P. v. Oseguera
A jury found defendant Jose Alfredo Oseguera guilty of committing a lewd act on a 14-year-old child at least 10 years his junior. (Pen. Code, § 288, subd. (c)(1); all further unspecified statutory references are to the Penal Code.) Oseguera contends the trial court erred by not instructing the jury sua sponte on the lesser offense of misdemeanor sexual battery under section 243.4, subdivision (e)(1). For the reasons expressed below, we affirm.
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