What is the duty of a trial court to instruct a defendant on a defense of mistaken identity?
California, United States of America
The following excerpt is from People v. Duenas, B276789 (Cal. App. 2018):
The trial court's "duty to instruct extends to defenses 'if it appears . . . the defendant is relying on such a defense, 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.' [Citations.]" (People v. Brooks (2017) 3 Cal.5th 1, 73.) Evidence of a defense is
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