P. v. Dominique CA2/2
Defendant Geral Dominique was convicted by a jury of assault with force likely to produce great bodily injury (GBI assault; Pen. Code, § 245, subd. (a)(4)).1 He now appeals on the sole basis that the trial court failed to instruct the jury, sua sponte, on the lesser included offense of simple assault (§ 240). To the extent Dominique was entitled to a simple assault instruction, we conclude the trial court’s failure to give it was
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