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People v. Moranchel5/21/2003
"would not be `adequate' to address [defendant's] conduct because they did not carry an adequate penalty." (Italics added.)
Defendant's contention overlooks the first portion of the prosecutor's argument. Noting that the attack "was a young woman's or parent's worst nightmare," the prosecutor argued that the lesser- included offenses were "totally inadequate to address this defendant's conduct" because they "involve much more, can involve much more innocent situations" than the nightmarish attack shown by the evidence. The argument was not that the lesser-included offenses carried inadequate punishment, but that they did not adequately reflect or represent the young victim's "worst nightmare." There was no misconduct.
DISPOSITION
The judgment is affirmed.
We concur:
BLEASE, Acting P.J.
MORRISON, J.
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