California, United States of America
The following excerpt is from People v. Alaniz, H041643 (Cal. App. 2016):
"A trial court has a duty to instruct the jury 'sua sponte on general principles which are closely and openly connected with the facts before the court.' [Citation.]" (People v. Abilez (2007) 41 Cal.4th 472, 517.) The trial court also has "a sua sponte duty to give instructions on the defendant's theory of the case, including instructions 'as to defenses " 'that the defendant is relying on . . . , or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' " ' [Citation.]" (Ibid.)
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