California, United States of America
The following excerpt is from People v. Raygoza, B238501 (Cal. App. 2013):
The "duty to instruct on lesser included offenses . . . arises . . . regardless of the trial theories or tactics the defendant has actually pursued." (People v. Breverman, supra, 19 Cal.4th at p. 162; see also People v. Barton, supra, 12 Cal.4th at pp. 194-195; but see
Page 9
People v. Sinclair (1998) 64 Cal.App.4th 1012, 1019, 1020 [There is no "duty to instruct on lesser offenses when there is a complete denial of any complicity in the charged crime by the accused"; but a "defendant's . . . denial she or he committed a homicide may be colored by other testimony, which creates substantial evidence sufficient to support manslaughter instructions"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.