What is the standard of review for a claim of failure by a court to instruct on an uncharged offense?
California, United States of America
The following excerpt is from People v. McMichael, B266716 (Cal. App. 2016):
An appellate court applies the independent or de novo standard of review to a claimed failure by a trial court to instruct on an uncharged offense. (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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