Is a defendant entitled to an instruction that pinpoints the theory of the defense?

California, United States of America


The following excerpt is from People v. Grizzle, D072975 (Cal. App. 2019):

" '[T]he trial court normally must, even in the absence of a request, instruct on general principles of law that are closely and openly connected to the facts and that are necessary for the jury's understanding of the case.' (People v. Carter (2003) 30 Cal.4th 1166, 1219.) In addition, 'a defendant has a right to an instruction that pinpoints the theory of the defense [citations]; however, a trial judge must only give those instructions

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which are supported by substantial evidence. [Citations.] Further, a trial judge has the authority to refuse requested instructions on a defense theory for which there is no supporting evidence.' (People v. Ponce (1996) 44 Cal.App.4th 1380, 1386.) 'A party is not entitled to an instruction on a theory for which there is no supporting evidence.' (People v. Memro (1995) 11 Cal.4th 786, 868.)" (People v. Roldan (2005) 35 Cal.4th 646, 715 (Roldan).)

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