P.

Filed 5/16/13 P. v. Bates CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A135876

v. JASON BATES, (Sonoma County Super. Ct. No. SCR566198) Defendant and Appellant.

Jason Bates (appellant) was charged with five violations of Penal Code section 288.1 At the conclusion of his trial, the jury found appellant guilty of one count of misdemeanor battery (§ 242), as a lesser included offense of section 288, subdivision (c).2 The jury found him not guilty on the remaining four counts. Appellant’s sole contention on appeal is that he was improperly convicted of misdemeanor battery because that crime is not a lesser included offense of lewd and lascivious conduct. Respondent concedes that the judgment must be…