On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case?
California, United States of America
The following excerpt is from People v. Oliveira, D071497 (Cal. App. 2018):
On appeal, we independently review whether the trial court improperly failed to instruct on a lesser included offense. (Souza, supra, 54 Cal.4th at p. 113; People v. Waidla (2000) 22 Cal.4th 690, 739.)
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