Does a jury have to agree that the charge of false imprisonment of an elderly person is not a felony but a misdemeanor?
California, United States of America
The following excerpt is from People v. Vales, 2d Crim. No. B259765 (Cal. App. 2016):
The trial court was not required to instruct the jury sua sponte that misdemeanor false imprisonment of an elder is a lesser included offense of felony false imprisonment of an elder because there was not substantial evidence that appellant was guilty only of the misdemeanor. (People v. Manriquez, supra, 37 Cal.4th at p. 584.) The false imprisonment was necessarily a felony because
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