Legal Opinion
People v. MOUSSABECK
California Court of Appeal
Decided December 7, 2007No. G038038PublishedCited by 12 opinions
1Opinion of the Court
Opinion
O’LEARY, J.
Omar Moussabeck appeals from his conviction on one count of misdemeanor child abuse (Pen. Code, § 273a, subd. (b)), 1 and one count of felony inflicting physical injury on a child (§ 273d, subd. (a)). He contends the trial court had a sua sponte duty to instruct the jury on misdemeanor child abuse as a lesser included offense of felony inflicting physical injury on a child. We conclude there was no such duty and affirm the judgment.
FACTS
On July 22, 2006, Moussabeck’s 17-year-old daughter saw him driving her brother’s truck. She drove up next to her father and said he should…
2Cases cited8 opinions
- People v. FloodCalifornia Supreme Court · 1998
- People v. LopezCalifornia Supreme Court · 1998
- People v. LicasCalifornia Supreme Court · 2007
- People v. SargentCalifornia Supreme Court · 1999
- People v. LopezCalifornia Court of Appeal · 2005
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3Cited by12 opinions
- People v. BraslawCalifornia Court of Appeal · 2015
- People v. GarrettCalifornia Court of Appeal · 2016
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- Aurora Olea-Serefina v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2022
- P. v. Moen CA4/2California Court of Appeal · 2013
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