Does a defendant need to request an instruction of a lesser included offence?
California, United States of America
The following excerpt is from People v. McClurg, D072442 (Cal. App. 2018):
The defendant's failure to request such an instruction does not abrogate the trial court's sua sponte duty. (See id. at p. 239.) " 'We apply the independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense.' " (People v. Licas (2007) 41 Cal.4th 362, 366.)
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