What is the test for a failure to instruct on a lesser offense under the de novo standard of review?
California, United States of America
The following excerpt is from People v. Weathers, F072915 (Cal. App. 2018):
We review the trial court's failure to instruct on a lesser offense under the de novo standard of review. (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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