Does a trial court have a sua sponte duty to instruct on self-defense?

A trial court has a sua sponte duty to instruct on self-defense "'only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.'" (People v. Breverman (1998) 19 Cal.4th 142, 157, italics omitted.) Here, the defense put forth no evidence giving the trial court notice defendant was relying on a theory of self-defense as to counts 2 and 3 pertaining to his possession of the loaded derringer pistol. In fact, the court expressly asked defense counsel whether he was relying on a self-defense theory as to defendant's charges for possession of a firearm and possession of ammunition by a felon, and defense counsel replied he was not.

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