Does a jury's failure to instruct on a defense that is supported by substantial evidence require reversal?

¹⁰ Defendant cites several cases, predating People v. Flood (1998) 18 Cal.4th 470, 76 Cal.Rptr.2d 180, 957 P.2d 869, which hold that "the failure to instruct on a defense that is supported by substantial evidence requires reversal unless the factual issue posed by the erroneous instruction necessarily was decided adverse to the defendant under other, properly given, instructions." Of course, a reviewing court examining the record to determine whether the jury necessarily made the finding under other instructions given is "a type of harmless error analysis." (Id. at p. 490, 76 Cal.Rptr.2d 180, 957 P.2d 869.)

^*** See footnote, ante , page 1215.