Hall

*780 Opinion

INTRODUCTION

Defendant and appellant Anthony Jerome Hall (defendant) was convicted of the second degree murder of a child a little over a year old (Pen. Code, § 187, subd. (a)), 1 and of the assault on that child, who was under eight years old, causing death (§ 273ab). In the published portion of this opinion, we hold that notwithstanding the agreement of the prosecution and defense that the trial court instruct the jury on an uncharged lesser related offense of child abuse (§ 273a, subd. (a)), the trial court did not err by not giving that instruction. We affirm the judgment.

BACKGROUND *

DISCUSSION

A., B. *

C. Jury Instructions

Defendant contends that the trial court violated his constitutional rights to due process and a fair trial by refusing to instruct the jury with CALJIC Nos. 9.37, 6.40, and 4.45. We disagree.

1. Standard of Review *

2. CALJIC No. 9.

Defendant contends that the trial court erred by refusing to instruct the jury with CALJIC No. 9.37 concerning child abuse—a so-called lesser related *781 offense—because the prosecution and defendant agreed that the trial court could give the instruction. The trial court did not err.

Defendant’s…