The trial court erred in failing to instruct on the lesser included offense of misdemeanor child endangerment. The trial court erroneously determined that the elements required for subdivision (a) of section 273a and subdivision (b) are the same and that the only difference is that subdivision (a) is a felony. The Court of Appeal explained that the felony proscribed in subdivision (a) requires that the defendant’s conduct create a risk likely to produce great bodily harm or death while the misdemeanor can be committed without creating such a risk.
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