California, United States of America
The following excerpt is from People v. Vargas, B278939 (Cal. App. 2018):
A trial court has a duty to instruct the jury "'sua sponte on general principles which are closely and openly connected with the facts before the court.'" (People v. Abilez (2007) 41 Cal.4th 472, 517.) Despite the insistence by defendant's trial counsel that
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she was not relying on self-defense and her agreement that it was error to have given the instruction as part of CALCRIM No. 875 in the first place, the trial court was required to give a self-defense instruction sua sponte "if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case." (People v. Dominguez (2006) 39 Cal.4th 1141, 1148, internal quotation marks omitted.)
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