What is the test for a finding that a defendant used duress to coerce a minor into performing a sexual act against her consent?

Given the totality of the circumstances, the evidence supported a finding that defendant used duress to coerce the victim into acquiescing to acts to which she would not otherwise have submitted. (People v. Pitmon, supra, 170 Cal.App.3d at p. 50.)

Defendant next argues that the trial court prejudicially erred by failing to instruct the jury that sodomy with a child under 14 years of age, and 10 or more years younger than defendant, was a lesser included offense of aggravated sexual assault of a child by forcible sodomy. "An appellate court applies the independent or de novo standard of review to the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense. Whether or not to give any particular instruction in any particular case entails the resolution of a mixed question of law and fact that, we believe, is however predominantly legal. As such, it should be examined without deference." (People v. Waidla (2000) 22 Cal.4th 690, 733.)