P. v. Frausto CA5
On August 17, 2017, defendant Jose Frausto, an inmate at Sierra Conservation Center (a California state prison), was videotaped engaged in a group assault on another inmate, S.R., during a prison riot. Defendant and other inmates kicked, punched, and stomped on S.R., rendering him unconscious and causing him to be hospitalized. A jury convicted defendant of assault by an inmate likely to produce great bodily injury and battery causing great bodily injury, and found true the allegations that defendant personally caused great bodily injury on S.R. Defendant contends on appeal that (1) the jury’s finding that he personally inflicted great bodily injury during the assault is not supported by sufficient evidence, (2) the trial court erred in not sua sponte instructing the jury on the lesser included offense of simple assault, and (3) the trial court erred in not sua sponte instructing the jury on the lesser included offense of simple battery.
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