Does section 12022.6 of the California Code of Civil Procedure require a trial court to instruct a defendant on all elements of the charged offense?

California, United States of America


The following excerpt is from People v. Barrie, F067893 (Cal. App. 2015):

"A trial court 'must instruct even without request on the general principles of law relevant to and governing the case. [Citation.] That obligation includes instructions on all of the elements of a charged offense. [Citation.]' [Citation.] 'This rule applies to the

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"elements" of an "enhancement."'" (People v. Clark (1997) 55 Cal.App.4th 709, 714-715.)

Section 12022.6, in pertinent part, provides:

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