California, United States of America
The following excerpt is from People v. Guerrero, D069072 (Cal. App. 2016):
Dimas contends the court erred by not instructing the jury on the defense of duress. "It is well settled that a defendant has a right to have the trial court, on its own initiative, give a jury instruction on any affirmative defense for which the record contains substantial evidence [citation]evidence sufficient for a reasonable jury to find in favor of the defendant [citation]unless the defense is inconsistent with the defendant's theory of the case [citation]. In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt.' " (People v. Salas (2006) 37 Cal.4th 967, 982.) "The testimony of one witness . . . may constitute substantial evidence [citation], and doubts as to the sufficiency
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