California, United States of America
The following excerpt is from People v. Picasso, F071094 (Cal. App. 2017):
"A trial court has a sua sponte duty to instruct the jury on a lesser included uncharged offense if there is substantial evidence that would absolve the defendant from guilt of the greater, but not the lesser, offense. [Citation.] Substantial evidence is evidence from which a jury could conclude beyond a reasonable doubt that the lesser offense was committed. [Citations.] Speculative, minimal, or insubstantial evidence is insufficient to require an instruction on a lesser included offense." (People v. Simon (2016) 1 Cal.5th 98, 132 (Simon).)
"[T]he heat of passion requirement for manslaughter has both an objective and a subjective component. [Citation.] The defendant must actually, subjectively, kill under the heat of passion. [Citation]" (People v. Manriquez (2005) 37 Cal.4th 547, 584.) Objectively, the passion aroused must be of the type "as would naturally be aroused in
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the mind of an ordinarily reasonable person under the given facts and circumstances...." (Ibid.)
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