Does a defendant have a right to an instruction pinpointing the defense?

California, United States of America


The following excerpt is from People v. Bontempo, A150573 (Cal. App. 2018):

A defendant has a right to an instruction pinpointing a theory of the defense. (People v. Noguera (1992) 4 Cal.4th 599, 648.) But instructions that are duplicative, even if accurate, need not be given. (Ibid. ["Other instructions given by the trial court . . .adequately covered the defense theory . . ."]; People v. Dieguez (2001) 89 Cal.App.4th 266, 277.)

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