California Supreme Court

The People, Plaintiff and Respondent v. Reginald Wyatt, Defendant and Appellant

November 5, 201255 Cal. 4th 694

Summary

The court held that the trial court was not required to instruct the jury sua sponte on simple assault as a lesser included offense of assault on a child causing death. The evidence presented either supported the charged offense or an accidental fall, and did not provide substantial evidence that defendant committed only simple assault. The court therefore reversed the Court of Appeal's judgment and directed reinstatement of the conviction.