Does the trial court erred by instructing the jury on self-defense and by declining to give the jury instructions on the lesser related charge of being an accessory after the fact?

California, United States of America


The following excerpt is from People v. Martinez, 242 Cal.Rptr.3d 860, 31 Cal.App.5th 719 (Cal. App. 2019):

Defendant argues the trial court erred by instructing the jury on self-defense and by declining to give the jury instructions on the lesser-related offense of being an accessory after the fact. Although we can understand why the trial court thought it should instruct on self-defense in light of defendants police interview statements, it was error to give self-defense instructions that defendant did not request and that were contrary to his theory of the case at trial. The error, however, was harmless because the self-defense instructions the court gave did not contribute to the verdict obtained, particularly in light of (a) other instructions given by the trial court that warned the jury of the possibility that not all of the instructions were necessarily applicable, and (b) the absence of any reference to self-defense in the defense closing argument. As for defendants contention that the court should have instructed on the lesser related offense of being an accessory after the fact, the trial court did not err when it declined to give such an instruction in the absence of the prosecutions consent, as binding authority holds ( People v. Birks (1998) 19 Cal.4th 108, 77 Cal.Rptr.2d 848, 960 P.2d 1073 ( Birks ) ).

Other Questions


On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case? (California, United States of America)
What if the trial court had instructed on the lesser misdemeanor charge rather than the greater charge? (California, United States of America)
Can a defendant be instructed on a lesser related charge of accessory to a crime where the prosecution objected to the instruction? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
In what circumstances will the trial court instruct the jury on a lesser included charge of voluntary manslaughter rather than murder? (California, United States of America)
What is the test for a defendant's claim that the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.