Is a failure to give an attempted robbery instruction prejudicial?
California, United States of America
The following excerpt is from People v. McMichael, B266716 (Cal. App. 2016):
Thus, we turn to the issue of whether the failure to give an attempted robbery instruction may be considered prejudicial. We are confident it cannot. The erroneous failure to instruct on a lesser included offense is harmless, unless the record shows that it was reasonably probable that the defendant would have achieved a more favorable result had the error not occurred. (People v. Breverman, supra, 19 Cal.4th at pp. 149, 178 [holding
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