People v. Whitehurst

Opinion

HOLLENHORST, Acting P. J.

Defendant was charged with two counts of inflicting corporal punishment on a child resulting in a traumatic condition (Pen. Code, 1 § 273d), the first count involving Natalie P. and the second count Stephen W. After a jury trial, he was convicted of misdemeanor battery (§ 242) on count I and was acquitted on count II. Imposition of sentence was suspended and defendant was placed on three years’ probation.

On appeal he raises three instructional errors: (1) the court erred in failing to instruct sua sponte on a parent’s right to discipline a child; (2) the court…