People v. Dearwester CA3

DISCUSSION

I The Doctrine Of Invited Error Precludes Defendant From Challenging The Alleged Error Of Failure To Give An Instruction On A Lesser Included Offense To Touching H.’s Breasts Using Force Or Duress Defendant was charged with touching H.’s breasts with his hand by force or duress. Defendant claims the court erred by not instructing on the lesser included offense of a lewd act without force or duress. The People respond that defendant invited the error, precluding defendant from challenging this alleged error on appeal. We agree with the People. “Under the doctrine of invited error, when a party by its own conduct induces the commission of error, it may not claim on appeal that the judgment should be reversed because of that error.” (Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 212; People v. Barton (1995) 12 Cal.4th 186, 198.) “ ‘The obligation to instruct on lesser included offenses exists even when as a matter of trial tactics a defendant not only fails to request the instruction but expressly objects to its being given.’ ” (People v. Eilers (1991) 231 Cal.App.3d 288, 295, fn. 4.) Nevertheless, the trial court’s error in not instructing on a lesser included…