What is the standard for assessing a defendant's criminal conviction for a lesser included crime?
California, United States of America
The following excerpt is from People v. Yepez-Gutierrez, F065208 (Cal. App. 2014):
Defendant contends the trial court's failure to instruct on the lesser included offense deprived him of due process and therefore should be assessed under the standard announced in Chapman v. California (1967) 386 U.S. 18, 24. In support of this argument, he cites United States v. Escobar De Bright (9th Cir. 1984) 742 F.2d 1196. We find defendant's argument unpersuasive.
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