California, United States of America
The following excerpt is from People v. Perez, E074013 (Cal. App. 2020):
"Under California law, trial courts must instruct the jury on lesser included offenses of the charged crime if substantial evidence supports the conclusion that the defendant committed the lesser included offense and not the greater offense. [Citations.] That duty exists because of the right under the California Constitution ' "to have the jury determine every material issue presented by the evidence" 'and the court's duty persists irrespective of whether the parties request such an instruction." (People v. Gonzalez (2018) 5 Cal.5th 186, 196.)
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