California, United States of America
The following excerpt is from People v. Romero, E054543, Super.Ct.No. FVI024187 (Cal. App. 2013):
pursue a particular theory does not preclude the trial judge from giving an instruction on that theory where it deems such an instruction to be appropriate.' [Citation.]" (People v. Ardoin (2011) 196 Cal.App.4th 102, 128.)
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