Does a lesser included instruction need to be given when there is no evidence that the charge is less than that charged?
California, United States of America
The following excerpt is from People v. Williams, A132601 (Cal. App. 2013):
lesser included offense. [Citations.] In addition, a lesser included instruction need not be given when there is no evidence that the offense is less than that charged." (People v. Mendoza (2000) 24 Cal.4th 130, 174.)
"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
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is a failure to instruct sua sponte on a lesser included offense that is supported by the evidence that supports the evidence? (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)
When there is substantial evidence that a element of the charged offense is missing but that the accused is guilty of a lesser included offence, what is the test for instructing the jury to convict the accused of the same offence? (California, United States of America)
Does a court have a duty to instruct on a lesser included offence when the evidence raises a question as to whether all of the elements of the charged offense are present? (California, United States of America)
Is a charge for an uncharged crime included in a charge of a lesser included crime? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
When a defendant is charged with conspiracy to commit a lesser included crime, what is the duty of the court to instruct the jury on all necessarily included offenses? (California, United States of America)
Is a charge under section 12022.5 of the California Penal Code for possession of a firearm an allegation of firearm use included in a charge of a lesser included crime? (California, United States of America)
Does the doctrine of invited error apply if defense counsel requests that lesser included instructions not be given? (California, United States of America)
