MOUSSABECK

Omar Moussabeck appeals from his conviction on one count of misdemeanor child abuse (Pen. Code, § 273a, subd. (b)), and one count of felony inflicting physical injury on a child (§ 273d, subd. (a)). He contends the trial court had a sua sponte duty to instruct the jury on misdemeanor child abuse as a lesser included offense of felony inflicting physical injury on a child. We conclude there was no such duty and affirm the judgment.

FACTS

On July 22, 2006, Moussabeck’s 17-year-old daughter saw him driving her brother’s truck. She drove up next to her father and said he should not be driving the truck because the brakes were bad. He yelled at her for “mouth[ing] off’ at him. Later, the daughter received a telephone call from Moussabeck telling her to come home immediately. She complied, but was afraid because Moussabeck sounded angry. When they arrived at the house, the daughter gave her younger sister her cell phone and told her to call the police if anything happened.

When his daughter came in the house, Moussabeck began yelling at her and warned her to not “mouth off.” He slapped and punched her in the face 10 to 15 times. Moussabeck choked his daughter for about 10…