P. v. Aguilar CA4/1
Following a search of her apartment that yielded weapons and drugs, Rosaura Machado Aguilar was tried and convicted of felony child abuse (Pen. Code, § 273a, subd. (a), count 1), possession for sale of a controlled substance (Health & Saf. Code § 11378, count 2), possession of a controlled substance with a firearm (id., § 11370.1, subd. (a), count 3), and possession of a smoking device (id., § 11364, count 9, a misdemeanor). As to count 2, the jury additionally found that Aguilar was personally armed with a firearm in possessing the drugs for sale. (Pen. Code, § 12022, subd. (c).)
Aguilar raises several claims on appeal. She first contends the trial court prejudicially erred in failing to instruct the jury sua sponte on misdemeanor child abuse, a lesser included offense on count 1.
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