P. v. Hamilton CA4/1
A jury convicted Daniel Jo Hamilton of involuntary manslaughter, a lesser included offense of murder (Penal Code, § 192, subd. (b); count 1) and assault causing death to Hayden, a child under eight years old (§ 273ab, subd. (a); count 2). The court denied probation and sentenced Hamilton to 25 years to life on count 2 and stayed his count 1 sentence under section 654.
Hamilton contends: (1) his trial counsel provided ineffective assistance by failing to impeach the prosecution's medical experts; (2) the court erroneously failed to instruct the jury on its own motion on section 273ab's lesser included offenses of assault (§ 240) and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)); and (3) we should remand the matter for resentencing because the court misunderstood its discretion to grant him probation. We affirm the judgment.
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