Does a defendant have to instruct on a lesser charge of attempted murder?
California, United States of America
The following excerpt is from People v. Jimenez, B297604 (Cal. App. 2020):
In any event, there is no possibility of prejudice, as the jury found the attempted murder was premediated, necessarily concluding that defendant intended to kill the victim. Therefore, failure to instruct on any lesser offense was harmless. (See People v. Beames (2007) 40 Cal.4th 907, 928.)
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