What is the legal standard for a trial court to instruct on imperfect self-defense?
California, United States of America
The following excerpt is from People v. Alvarado, D066501 (Cal. App. 2015):
Contrary to a suggestion in Alvarado's briefing, the same legal standard applies to the trial court's obligation to instruct on imperfect self-defense whether or not the defendant makes a request for the instruction. In all instances, the instruction must be given if there is substantial evidence to support it. (See People v. Cole (2004) 33 Cal.4th 1158, 1215 [" ' "a trial court must instruct on lesser included offenses, even in the absence
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