Tag Archives: Standard of Review

Defense Theory Instruction On Lesser Included Offense Must Be Given Even If Evidence Of Lesser Offense Is “Unconvincing Or Subject To Justifiable Suspicion”
August 26th, 2019

“California law requires a trial court, sua sponte, to instruct fully on all lesser necessarily included offenses supported by the evidence.” (People v. Breverman (1998) 19 Cal.4th 142, 148–149.) The requirement applies when there is substantial evidence that the defendant committed the lesser offense instead of the greater offense. (Id. at pp. 162, 177.) “In […]

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