Does a defendant have a right to instruct on a lesser related crime?
California, United States of America
The following excerpt is from People v. Hernandez, D069663 (Cal. App. 2016):
"[A] defendant has no right to instructions on lesser related offenses even if he requests the instruction and it would have been supported by substantial evidence. [Citation.] California law does not permit a court to instruct on an uncharged lesser related crime unless agreed to by the prosecution." (People v. Valentine (2006) 143 Cal.App.4th 1383, 1387.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an individual have a right to a lesser related or lesser related crime instruction in an assault with a deadly weapon? (California, United States of America)
Does a defendant have a right to seek instruction on trespass as a lesser related crime? (California, United States of America)
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)
Does a defendant have a right to instruct on a lesser related crime? (California, United States of America)
Can a defendant argue that theft is not a lesser included or lesser related crime of burglary? (California, United States of America)
Is a defendant guilty at most of the lesser crimes in a murder case where the trial court failed to instruct on the lessers to robbery? (California, United States of America)
Does a defendant have a right to instruct the jury on assault with a firearm as a lesser related to the charge of attempted murder? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
