Does a court have a duty to instruct on a defense that is not supported by substantial evidence?
California, United States of America
The following excerpt is from People v. Benitez, F064492 (Cal. App. 2014):
There is no sua sponte duty to instruct on lesser included offenses unless there is substantial evidence defendant is guilty only of the lesser offense. (See People v. Prince, supra, 40 Cal.4th at p. 1265.) Similarly, a court need not instruct on a defense that is not supported by substantial evidence. (See People v. Quintero, supra, 135 Cal.App.4th at p. 1165.)
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