What are the requirements of a trial court to instruct sua sponte on a lesser included crime?

California, United States of America


The following excerpt is from People v. Baker, 74 Cal.App.4th 243, 87 Cal.Rptr.2d 803 (Cal. App. 1999):

A trial court must instruct sua sponte on all lesser included offenses which find substantial support in the evidence. (People v. Breverman (1998) 19 Cal.4th 142, 162, 77 Cal.Rptr.2d 870, 960 P.2d 1094.) It must instruct on defenses which are supported by the evidence and which are not inconsistent with the defendant's theory of the case. (See People v. Barton (1995) 12 Cal.4th 186, 195, 47 Cal.Rptr.2d 569, 906 P.2d 531.) Substantial evidence exists where there is evidence from which a jury composed of reasonable persons could conclude that the defendant was guilty of the lesser crime. (People v. Breverman, supra, at pp. 162-164, 77 Cal.Rptr.2d 870, 960 P.2d 1094.) When assessing the sufficiency of evidence to warrant an instruction, we do not evaluate the credibility of witnesses, a task for the jury. (Ibid.)

Other Questions


Does a trial court have a sua sponte duty to instruct on theft as a lesser included crime of robbery? (California, United States of America)
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)
When a defendant is charged with conspiracy to commit a lesser included crime, what is the duty of the court to instruct the jury on all necessarily included offenses? (California, United States of America)
What is a court's obligation to instruct a sua sponte on a lesser included crime? (California, United States of America)
Does the court have a sua sponte obligation to instruct on assault with a firearm as a lesser included crime? (California, United States of America)
Does a trial court's failure to instruct a sponte on a lesser included offense need to be reviewed de novo? (California, United States of America)
Is a trial court required to instruct sua sponte on any defense including self-defense? (California, United States of America)
What is the de novo standard of review applied to an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the trial court erred in failing to include imperfect self-defense as a crime against the person as a lesser included offense of murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.