P. v. Labeaux CA2/2
Defendant and appellant Charles Louis Labeaux (defendant) appeals from the judgment entered after his conviction of crimes including pimping, pandering, and making a criminal threat. In his assignments of error, defendant contends: conviction on a theory not alleged in the operative information is without notice and resulted in a denial of due process; substantial evidence did not support the conviction of pandering in count 2; the jury instruction regarding pandering contained inapplicable information; the trial court erred in admitting certain telephone call evidence; the trial court erred in failing to give a proper jury instruction regarding accomplices; the trial court erred in failing to instruct the jury that battery is a lesser included offence of felony child abuse; the trial court erred in failing to instruct the jury that misdemeanor child abuse is a lesser included offense of felony child abuse;
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