California, United States of America
The following excerpt is from People v. Gaytan, B226031, B227052 (Cal. App. 2011):
We apply the independent or de novo standard of review to the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense. (People v. Waidla (2000) 22 Cal.4th 690, 733.) Similarly, we review the legal adequacy of a jury instruction de novo. (People v. Cole (2004) 33 Cal.4th 1158, 1210.)
The constitutionality of a statute is a question of law also reviewed de novo. (People v. Health Laboratories of North America, Inc. (2001) 87 Cal.App.4th 442, 445.)
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