Can a defendant be instructed on a lesser related charge of accessory to a crime where the prosecution objected to the instruction?
California, United States of America
The following excerpt is from People v. Berry-Vierwinden, D059670 (Cal. App. 2012):
A court may not instruct on a lesser related offense unless the prosecution agrees. (People v. Valentine (2006) 143 Cal.App.4th 1383, 1387.) Based on defense counsel's testimony that he did request the accessory instruction and that the prosecutor objected to it, defendant has not carried his burden to show ineffective representation in this regard.
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