California, United States of America
The following excerpt is from People v. Ramirez, D070013 (Cal. App. 2017):
warrant instructions should be resolved in favor of the accused." (People v. Wilson (1967) 66 Cal.2d 749, 763.) However, a "jury instruction need not be given whenever any evidence is presented, no matter how weak. [Citation.] Rather, the accused must present 'evidence sufficient to deserve consideration by the jury, i.e., evidence from which a jury composed of reasonable [people] could have concluded that the particular facts underlying the instruction did exist.' " (People v. Strozier (1993) 20 Cal.App.4th 55, 63.) Put differently, "a trial court has no obligation to instruct sua sponte on a defense supported by 'minimal and insubstantial' evidence." (People v. Barnett (1998) 17 Cal.4th 1044, 1152.)
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