P. v. Roberts CA4/1
A jury convicted Jaimi Teresa Roberts of (1) involuntary manslaughter (Pen. Code, § 192, subd. (b), count 1) as a lesser included offense of murder, and (2) child abuse homicide (§ 273ab, subd. (a), count 2). The court sentenced Roberts to prison for 25 years to life on count 2, and a concurrent four-year term for involuntary manslaughter, which the court stayed under section 654.
On appeal, Roberts makes two instructional error arguments with respect to her conviction for child abuse homicide. First, she contends the court erred in failing to instruct on the defense of accident. If we determine the court had no sua sponte duty to so instruct, and to avoid forfeiture of the issue on appeal, Roberts contends her attorney's failure to request that instruction constituted ineffective assistance. Second, Roberts contends the court erred by failing to instruct that involuntary manslaughter is a lesser included offense of child abuse homicide. We reject both contentions and aff
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