Does a trial court have a sua sponte duty to instruct on a defense?
California, United States of America
The following excerpt is from People v. Zuniga, B266744 (Cal. App. 2017):
A trial court has a sua sponte duty to instruct on a defense only if the defendant appears to rely on the defense, or if there is substantial evidence supporting the defense and it is not inconsistent with the defendant's theory of the case. (People v. Breverman (1998) 19 Cal.4th 142, 157-158; People v. Barton (1995) 12 Cal.4th 186, 195.)
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