Is a trial court wrongfully instruct the jury on the lesser included offense of second degree murder?
California, United States of America
The following excerpt is from People v. Acero, B278213 (Cal. App. 2018):
Defendant argues that the trial court committed three instructional errors: (1) it failed to instruct the jury on the lesser included offense of second degree murder; (2) it omitted one element of the special circumstance instruction; and (3) it gave an improperly tailored version of the instruction on eyewitness testimony. We review claims of instructional error de novo. (People v. Hamilton (2009) 45 Cal.4th 863, 948.)
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