In what circumstances will a defendant be allowed to instruct the jury that there is no evidence to corroborate his injuries?

In People v. Simms (1970) 10 Cal.App.3d 299, 312-313, defendant was charged with robbery. Defendant requested the trial court instruct the jury with Evidence Code section 412 to emphasize there was no evidence to corroborate the victim's claimed injuries to his neck. (Id. at p. 312.) The court rejected the request for this instruction because the victim's injuries were not material to the robbery charge and there was ample evidence the victim was robbed under threat of force, making the evidence of actual force immaterial. (Ibid.) Additionally, the court explained that for the Evidence Code section 412 rule to apply, it must be shown the prosecution was in fact in possession of better and stronger evidence. (Id. at p. 313.) The court held defendant failed to show the prosecution had any stronger evidence of the victim's injuries. (Ibid.) We review de novo a trial court's denial of a defendant's requested instruction. (People v. Berryman (1993) 6 Cal.4th 1048, 1089, overruled on other grounds in People v. Hill (1998) 17 Cal.4th 800, 823, fn. 1.)

3. Analysis