What is the test for a de novo claim that the trial court failed to give a required instruction?

California, United States of America


The following excerpt is from People v. Shah, G050945 (Cal. App. 2016):

An appellate court reviews de novo a claim the trial court failed to give a required instruction. (People v. Manriquez (2005) 37 Cal.4th 547, 581.) "Whether or not to give any particular instruction in any particular case entails the resolution of a mixed

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