Does a trial court have a sua sponte obligation to instruct the jury on the need for corroboration to support the testimony of an accomplice?

California, United States of America


The following excerpt is from People v. Love, B252984 (Cal. App. 2016):

Love claims that the trial court had a sua sponte obligation to instruct the jury on the need for corroboration to support the testimony of an accomplice and on the mistake of law defense. Even without a defense request, a trial court must instruct on accomplice testimony if the evidence supports giving those instructions. (People v. Tobias (2001) 25 Cal.4th 327, 331.) We assume, without deciding, that a similar obligation applies to a mistake of law defense. (But see People v. Lawson (2013) 215 Cal.App.4th 108, 111 ["the trial court did not have a duty to instruct on the [mistake of fact] defense sua sponte, or on any other defense that served only to negate the intent element of the charged crime"].)

1. Failure To Instruct on Accomplice Testimony

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