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Name: People v. Moussabeck
Case #: G038038
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/07/2007
Summary

Section 273a, subdivision (b) is not a lesser included offense of section 273d. Appellant contended that the trial court had a sua sponte duty to instruct the jury on misdemeanor child abuse as a lesser included offense of Penal Code section 273d, subdivision (a), inflicting physical injury on a child. The appellate court rejected the argument, finding that section 273a, subdivision (b) is not a lesser included offense of 273d. The two offenses have different elements. One criminalizes child endangerment or the unjustifiable infliction of pain or suffering upon a child, while the other criminalizes the infliction of a traumatic condition upon a child.