People v. Shockley

Summary

The court held that battery is not a lesser and necessarily included offense of lewd conduct with a child under 14. Because battery either requires a distinct harmful or offensive touching not necessarily required by lewd conduct or becomes essentially identical to lewd conduct when based on the same touching, the trial court had no sua sponte duty to instruct on battery where only lewd conduct was charged. The court affirmed the Court of Appeal and disapproved the contrary decision to the extent it was inconsistent with this holding.