Is a sua sponte instruction required for a defense of misidentification?
California, United States of America
The following excerpt is from People v. Trulove, A130481 (Cal. App. 2013):
As we have discussed, a sua sponte instruction is only required for a defense if the theory is not inconsistent with the defense theory of the case. (People v. Burnham, supra, 176 Cal.App.3d at p. 1139.) Defendant argues there was substantial evidence to support a theory of defense of another that is consistent with his misidentification defense.
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