California, United States of America
The following excerpt is from People v. Aguilar, B301781 (Cal. App. 2020):
"In criminal cases, even in the absence of a request, a trial court must instruct on general principles of law relevant to the issues raised by the evidence and necessary for the jury's understanding of the case." (People v. Martinez (2010) 47 Cal.4th 911, 953.) A trial court "must instruct the jury sua sponte on an uncharged offense that is lesser than, and included in, a greater offense with which the defendant is charged only if there is substantial evidence that, if accepted, would absolve the
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defendant from guilt of the greater offense but not the lesser." (People v. Waidla (2000) 22 Cal.4th 690, 737 (Waidla).) However, "this does not mean that the trial court must instruct sua sponte on the panoply of all possible lesser included offenses." (People v. Huggins (2006) 38 Cal.4th 175, 215.) " ' "[S]uch instructions are required whenever evidence that the defendant is guilty only of the lesser offense is 'substantial enough to merit consideration' by the jury." ' " (Ibid.)
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