People v. Wyatt

Opinion

BAXTER, J.

While in defendant’s care, defendant’s young son died of shock and hemorrhage due to blunt force trauma. A jury convicted defendant of involuntary manslaughter (Pen. Code,1 § 192, subd. (b)) and assault on a child causing death (§ 273ab). As relevant here, the Court of Appeal reversed the section 273ab conviction upon finding the trial court erroneously failed to instruct the jury, sua sponte, on simple assault as a lesser included offense. We conclude there was no error. We therefore reverse the judgment of the Court of Appeal and remand with directions to reinstate the…