What is the duty of a trial court to instruct on a defense?

A trial court is required to instruct, sua sponte, on the general principles of law that are closely and openly connected to the evidence at trial necessary for the jury's understanding of the case. (People v. Breverman (1998) 19 Cal.4th 142, 154.) The duty to instruct extends to defenses where substantial evidence supports such an instruction and the defense is not inconsistent with the defendant's theory.² (Id. at p. 157.) A trial court has no duty to instruct on a defense, even if requested to do so, unless the defense is supported by substantial evidence. (People v. Curtis (1994) 30 Cal.App.4th 1337, 1355.)

We review a claim of instructional error de novo. (People v. Guiuan (1998) 18 Cal.4th 558, 569-570.)

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III. The trial court did not err by refusing to give an accident instruction