Does a court have a sua sponte duty to instruct on defense?
California, United States of America
The following excerpt is from People v. Vasquez, 2d Crim. No. B287908 (Cal. App. 2019):
2. The sua sponte duty to instruct on lesser-included offenses differs from the duty to instruct on defenses. The court has a sua sponte duty to instruct on only those defenses that are supported by substantial evidence and not inconsistent with the defense theory. (People v. Breverman (1998) 19 Cal. 4th 142, 157.)
3. Chapman v. California (1967) 386 U.S. 18
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