P. v. Barrera CA2/1
Following a domestic altercation, defendant Tony Barrera was convicted of assault by means of force likely to produce great bodily injury. On appeal, he contends the trial court prejudicially erred by failing sua sponte to instruct the jury on the lesser included offense of simple assault. Because there was undisputed evidence defendant applied force likely to produce great bodily injury, we find the trial court did not err and affirm.
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