P. v. Lyu CA2/7
A jury convicted Jae Jeong Lyu, a massage therapist, of several crimes arising out of a sexual assault on one of his clients during a massage. The trial court refused to give jury instructions on any lesser included offenses, even though the prosecutor requested instructions on some of them. Because there was substantial evidence to support instructions on lesser included offenses of one of the charges, and because the trial court’s failure to give those instructions was not harmless, we conditionally reverse one of the convictions and remand for a possible new trial on that charge, and for resentencing. Otherwise, we affirm.
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