California, United States of America
The following excerpt is from People v. Alvarez, 244 Cal.Rptr.3d 230, 32 Cal.App.5th 781 (Cal. App. 2019):
Critically, " Birks makes clear that the goal of enabling a jury to return the most accurate verdict that the evidence supports does not require that every possible crime a defendant may have committed be presented to the jury as an alternative . Rather, a jury need only be instructed on offenses that the prosecution actually charged either explicitly or implicitly (because they were necessarily included within explicitly charged offenses)." ( People v. Hicks (2017) 4 Cal.5th 203, 211, 226 Cal.Rptr.3d 565, 407 P.3d 409, italics added.)
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