California, United States of America
The following excerpt is from People v. Valencia, G047798 (Cal. App. 2014):
Defendant argues the court erred by failing to instruct sua sponte on involuntary manslaughter on a misdemeanor assault theory, as a lesser included offense to count 1; and on misdemeanor assault, as a lesser included offense to count 2. The Attorney General acknowledges the court's sua sponte duty to instruct on all lesser included offenses supported by substantial evidence (People v. Breverman (1998) 19 Cal.4th 142, 154-155), but argues the evidence does not support giving either of the omitted lesser included offense instructions in this case.
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