What is the test for giving a defendant a self-defense instruction sua sponte?
California, United States of America
The following excerpt is from People v. Nguyen, D070946 (Cal. App. 2017):
great bodily injury or death. (People v. Sedeno (1974) 10 Cal.3d 703, 718 [holding the trial court did not err in failing to give a self-defense instruction sua sponte absent evidence from which the jury could at least infer that the defendant acted in fear of great bodily injury or death at the hands of the victim] overruled on other grounds by People v. Breverman, supra, 19 Cal.4th at p. 873.)
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