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INTRODUCTION

Vicente Roberto Mejia (“Defendant”) groped another person at a casino in Kings County. When questioned after the incident, defendant provided a false name and identification to law enforcement. An information charged defendant with (among other conduct) misdemeanor sexual battery (Pen. Code,1 § 243.4, subd. (e)(1); count 3) and misdemeanor assault and battery (§ 242; count 5).2 After a bench trial, the court found defendant guilty of both charges. On appeal, defendant claims section 954 requires reversal of his conviction for simple battery. The People agree defendant is entitled to this relief. Defendant also asks us to correct the minute order to reflect he did not commit battery by the use of force or violence. The People do not agree with defendant on this point. We reverse defendant’s conviction for battery because it is a lesser included offense of sexual battery. We otherwise affirm the judgment.

FACTUAL BACKGROUND3

THE INCIDENT IN QUESTION

On September 24, 2019, T.G. watched her friend play a game at a casino. Defendant sat down next to T.G. and asked her if she had won and T.G. responded she had not. Defendant grabbed T.G.’s buttocks and “pulled up on it”…