What is the court's obligation to instruct the jury on the lesser included offense of attempted voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Price, G057277 (Cal. App. 2020):

"'It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case.' [Citation.]" (People v. Sedeno (1974) 10 Cal.3d 703, 715.) This obligation includes instructing "on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present [citation] . . . ." (People v. Breverman (1998) 19 Cal.4th 142, 154.) Indeed, when the trial court's obligation to instruct on lesser included offenses arises, the obligation is to "fully" instruct on lesser included offenses supported by the evidence. (Id. at p. 178.) The jury was instructed on attempted voluntary manslaughter as a lesser included offense of attempted murder, and a trial court has a sua sponte duty to "fully" instruct on lesser included offenses supported by the evidence. (Ibid.) We

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