Does a trial court have a sua sponte duty to instruct regarding the defense?
California, United States of America
The following excerpt is from People v. Herrera, A127046 (Cal. App. 2011):
"A trial court has a sua sponte duty to instruct regarding a defense if there is substantial evidence to support the defense and it is not inconsistent with the defendant's theory of the case. [Citation.]" (People v. Saavedra (2007) 156 Cal.App.4th 561, 567
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