When will a court refuse to instruct a defendant on a lesser included crime?
California, United States of America
The following excerpt is from People v. Lopez, B283016 (Cal. App. 2018):
A trial court errs in refusing to instruct on a lesser included crime if "'there is "substantial evidence" from which a rational jury could conclude that the defendant committed the lesser offense, and that he is not guilty of the greater offense.'" (People v. Whalen (2013) 56 Cal.4th 1, 68, quoting People v. DePriest (2007) 42 Cal.4th 1, 50.) "[T]he 'substantial evidence' required . . . is not merely 'any evidence . . . no matter how weak,'
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