Does a jury need to be instructed on the lesser included offense of misdemeanor elder abuse?

The jury here was not instructed on the lesser included offense of misdemeanor elder abuse. We independently determine whether an instruction on a lesser included offense should have been given. (People v. Avila (2009) 46 Cal.4th 680, 705.)

B. An Instruction on Misdemeanor Elder Abuse Was Not Required

"A trial court is obligated to instruct on lesser included offenses sua sponte if there is substantial evidence all the elements of the charged offense are not present." (People v. Wright (1996) 52 Cal.App.4th 203, 208-209.) A

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