California, United States of America
The following excerpt is from People v. Chamale, D079039 (Cal. App. 2021):
A trial court must "instruct the jury on any uncharged lesser offense that is necessarily included in a charged offense if there is substantial evidence from which the jury could reasonably conclude that the defendant
committed the lesser included offense but not the charged offense." (People v. Lopez (2020) 9 Cal.5th 254, 269 (Lopez).) "We determine de novo whether one crime is a lesser included offense of another." (People v. Braslaw (2015) 233 Cal.App.4th 1239, 1247; see People v. Licas (2007) 41 Cal.4th 362, 366.)
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