Is a mistake in instructions on a lesser included offense in a noncapital case subject to review?
California, United States of America
The following excerpt is from People v. Boone, B247227 (Cal. App. 2014):
"Any error in instructions on a lesser included offense in a noncapital case is subject to the [People v.] Watson [(1956) 46 Cal.2d 818, 836 (Watson)] standard of review requiring reversal only if it is reasonably probable that a result more favorable to the defendant would have been reached in the absence of such error. [Citation.]" (People v. Stewart, supra, 77 Cal.App.4th at p. 796.)
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