Is a defendant entitled to access instructions that pinpoint the theory of the defense case?
California, United States of America
The following excerpt is from People v. Vargas, E063337 (Cal. App. 2016):
"A criminal defendant is entitled, on request, to instructions that pinpoint the theory of the defense case." (People v. Gutierrez (2002) 28 Cal.4th 1083, 1142.) Here, as noted ante, defendant never testified, presented evidence or argued that he had a reasonable, but mistaken, belief that Doe consented to have sex with him. His sole theory
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