California, United States of America
The following excerpt is from People v. Chanthachem, C083435 (Cal. App. 2018):
"A trial court must instruct the jury on every theory that is supported by substantial evidence, that is, evidence that would allow a reasonable jury to make a determination in accordance with the theory presented under the proper standard of proof. [Citation.] We review the trial court's decision de novo." (People v. Cole (2004) 33 Cal.4th 1158, 1206.) "A trial court's duty to instruct, sua sponte, on particular defenses ' "arises only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case." ' " (People v. Maury (2003) 30 Cal.4th 342, 424.) "Evidence is substantial if a reasonable jury could find the
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existence of the particular facts underlying the instruction." (People v. Lee (2005) 131 Cal.App.4th 1413, 1426.)
"To justify an act of self-defense. . . , the defendant must have an honest and reasonable belief that bodily injury is about to be inflicted on him. [Citation.]" (People v. Goins (1991) 228 Cal.App.3d 511, 516, italics omitted.)
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