Is there any evidence that the court erred when it declined to instruct on withdrawal as a defense to aiding and abetting?

Matthews contends the court erred when it declined his request to also instruct on second degree murder and manslaughter, or on withdrawal as a defense to aiding and abetting.²² We disagree, because there was no substantial evidence to support such instructions in this case. (See People v. Breverman (1998) 19 Cal.4th 142, 162 ["the existence of 'any evidence, no matter how weak' will not justify instructions on a lesser included offense, but such instructions are required whenever evidence that the defendant is guilty only of the lesser offense is 'substantial enough to merit consideration' by the jury"]; see also People v. Taylor, supra, 48 Cal.4th at p. 623 [in the absence of evidence of second degree murder, court was not required to decide legal question of whether second degree murder is a lesser included offense when the prosecution proceeds only on a theory of felony murder].)

Page 27