What is the effect of a failure to instruct on a lesser included offence?
California, United States of America
The following excerpt is from People v. Kimbrough, A144991 (Cal. App. 2017):
We review de novo the trial court's failure to instruct on an assertedly lesser included offense. (People v. Licas (2007) 41 Cal.4th 362, 366.) And we conclude defendant's contention has merit.
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