Chenelle
People v. Chenelle
Opinion
Opinion
Dondero, J.
INTRODUCTION
A jury convicted defendant Douglas MacArthur Chenelle of committing a lewd act on a dependent adult by a caretaker, a violation of Penal Code section 288, subdivision (c)(2). Defendant contends the trial court erred by refusing to instruct on simple battery (§ 242) as a lesser necessarily included offense. We disagree, and affirm.
STATEMENT OF THE CASE
An information filed in Solano County charged defendant with four counts of committing a lewd act on a dependent adult by a caretaker. (§ 288, subd. (c)(2).) A jury acquitted defendant of three counts and convicted him of one (count 4, committed on June 25, 2013). The trial court sentenced defendant to two years in state prison. Because defendant’s custody and conduct credits exceeded the time imposed, the court ordered his release. The court also ordered defendant to register as a sex offender. (§ 290.) Defendant timely appeals.
STATEMENT OF FACTS
T.P. has a moderate intellectual disability, with an IQ of 46, and cerebral palsy. He functions at an elementary school child level or younger. Because of his cerebral palsy, he needs a wheelchair to get around and has difficulty speaking. He also suffers from…