What is the standard of review applied to an allegation of theft?
California, United States of America
The following excerpt is from People v. Perez, B218699 (Cal. App. 2011):
"An appellate court applies 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.) Applying this standard of review, we hold that the trial court did not err in failing to instruct on theft.
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